Recording a CA's conversati
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)
Starting Score: EQ 575 EX 595 TR 524
Current Score: EQ 643 EX ??? TR 638
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