11-27-2012 04:53 PM
I know I have read a million times here not to talk to CA's on the phone but I disagree with that logic sometimes for a few reasons but the reason I am asking about in this post is because CA's typically commit FDCPA violations by the things they say A LOT more frequently over the phone then anything they will actually put in writing. Those violations can be used against them if needed. In this day and age of a lot of CA's refusing to do PFD's (and sometimes it isn't option for the debtor to PIF), I have found that a lot of times settling the debt and then fighting them afterwards using FDCPA violations as your ammunition, can sometimes be an effective way of battling a CA for less money...but if you are going to battle them you need proof of their violation and a recorded phone conversation can many times give you the proof that you need... It's essentially a possible way of beating them at their own game that they use to cheat the debtor they are trying to collect from...which leads me to my question....
When you call a CA (or they call you) and you get the message that says "yada yada yada, this conversation is being recorded for quality assurance and training purposes" , can you use that as consent to record the conversation as well?
In a lot of states (including FL where I reside), you must have consent of ALL PARTIES before recording a conversation so it is important to have the consent of the CA for legal purposes... If you ask them or tell them that you are recording, you will probably either get hung up on or they will be on their best behavior (which doesn't do the debtor any good if you are using FDCPA violations as your ammunition), but if you can just 'talk to them' and use their consenting message as consent, then you will get the way the CA's really do business and be able to expose them for all the wrongdoing that 'some' of them participate in....
Thoughts?? Or more importantly maybe a case precident showing one way or the other?
(i'm a long time lurker but this is my first post because I cannot find the answer to this question anywhere)
11-27-2012 06:24 PM
This could get into a messy situation quite quickly and easily. I would assume since they post a disclosure you would have to also. I'm not sure of it, because if they are stating it is being recorded, then both parties would have consented. It may fall to a state issue, but I'm with you on that one, I have no idea.
11-27-2012 09:08 PM
Yeah, thats why before I did anything I would want to have my T's crossed and my I's dotted... I just refuse to let them take advantage of me like I have seen them do to many others...the rules of the game have been established when it comes to dealing with CA's, it just seems like a few of them (definitely not all, some are very easy to deal with) want to disregard the rules or think they above them or think that they don't apply to them...
My dealings have actually been not that bad (unlike a lot of others I have read here) but there is one CA that genuinely concerns me because of the tactics I have seem them employ with others...and I am starting to get an uneasy feeling about them and they way they are handling my situation....
I'm a firm believer that the only way to catch or kill a rat is to corner it and take every possible escape route away from it or it will escape with the cheese!
11-27-2012 09:12 PM
Which CA is it out of curiosity.....
11-27-2012 09:25 PM
Midland Funding or Midland Credit Management...whatever they are calling themselves today....
11-28-2012 01:22 AM
Regardless of the tool used to collect information to support an FDCPA violation, how are you planning to pursue it?
Are you hoping just to use it as coercion, or are you planning to seek FTC sanctions or legal action? Or bring your own?
As a general operating practice, the FTC does not initiate legal action on individual consumer complaints, unless they appear to be continued practices reported by numerous consumers or are in direct violation of a current sanction or legal order. Bringing your own civil action is timely.
What many see as willingness of debt collectors to commit violations most likely stems from the lack of quick ability to take them to task.
I share the cautions in using recorded conversations. I am also curious as to how, if legally obtained, the information would actually be used.
11-28-2012 03:05 PM
I would send them an Intent to Sue letter first unless they stopped reporting their tradelines on my reports. If they refused, the I would bring my own legal action against the CA for $1,000 for each offense plus any other damage I suffered as a result of their violation. I would file complaints with the BBB and FTC as well but those would probably not be my main focus or leverage...
12-04-2012 10:23 PM
12-05-2012 06:43 AM
Ther is a small loophole if they are leaving you a message that can be used some are stupid enough to threaten. Also if you pick up on call in midst of recording a message from CA it is implied that it is being recorded very grey area but ???