It is not just from back in the bad old days that CAs would use abusive, profane, threatening language in the performance of their collection activity. It happens today. I just watched
Maxed Out, and I was shocked that CAs and JDBs would admit to violating the law in such a cavalier manner on tape.
Read here how legislators in Nevada are seeking to improve the ability of consumers to record abusive calls.
"... a Federal Trade Commission Report that said complaints against third-party debt collectors were the highest of any industry ..."
If you are experiencing it, you do not have to take it. The law is very much on your side and there are steps you can take that will either put an end to it or build a solid case about which a good consumer lawyer would love to talk with you.
I personally know how it feels. I have heard threats from CAs about seizing bank accounts, getting judgments, taking 75% of my paycheck, et al. I have heard profane and abusive language. Problem is that I did not know then what I know now.
FDCPA
If you have a question, feel free to ask. I am not a lawyer, and there are not any known to frequent this forum, but I can give you my layman's read on the law. If I think there is a violation, I will point you to a consumer lawyer. I am told there are one or two other people on this forum with strident opinions.
Recording
Let us assume the absolute worst. You are getting calls. Mean, nasty, abusive calls. Profanity, threats of violence, threats of lawsuits, and threats of jail. Threats to put your kids in foster care, bulldoze your house, drop your car in the ocean, euthanize your pets, and ship you off to Camp X-Ray at Guantanamo Bay.
Hallelujah! Jackpot! You win. You win and you win big.
In all seriousness, if you are getting phone calls that are abusive, profane or threatening (violence or lawsuits), get yourself a telephone recorder.
Radio Shack has telephone recorders for around $60.
This is a $50 piece of software that works with your PC and modem. Again, have to leave the computer on all the time.
http://www.callcorder.com/
Recording Laws
If you are not sure, ask, and I will point you to the pertinent language.
Call your state AG's office. Their consumer division can likely tell you if the law in your state says whether you have to notify and whether you have to obtain consent to record.
One Party Notification
Some states are considered One Party States--meaning only one party to the call needs to be aware of or consent to the recording. You are a party to the call, you are doing the recording, so you are the only one who needs to know about or consent to the recording. In short, don't ask and don't tell. Just record the call. If they do not know they are being recorded, then they are more likely to violate the law. That is to your advantage.
All Party Notification
Other states are considered All Party States--meaning all parties to the call need to be aware of the recording. Some mistakenly refer to these as Two Party States, but there can be more than just two parties involved in a phone call. In an All Party State, you have to notify, so you notify. As with DV, keep it simple. Switch on the recorder and say, "I am now recording this phone call."
You could state additional things. The date, time, your name, your number, the name, and number showing on your Caller ID unit, etc. You could elicit from the other party that they state their name, number and the company they represent.
I would not. You complied with the law and told them you were recording. That's enough. If you say a lot, then it might sound like a legal notification and you are building evidence for a lawsuit. That might make them suddenly behave and comply with the law. I would not give them that out. I notify that I am recording, and if they want to hang themselves by threatening me, let them. I am under no obligation--moral or ethical--to advise or counsel them that a legally recorded phone conversation can make a potent bit of evidence in a FDCPA lawsuit.
If they transfer you to a supervisor, or place you on hold, when they come back on I would restate, "I am still recording this phone call."
All Party Notification and Consent
Still other states require both notification and consent. All Party Consent States. These are the worst. You have to notify all parties to the call that you are going to record, and then you have to obtain their consent.
If a CA is placing abusive calls, then what is the likelihood they are going to consent to you recording the call? You are right. Not very bloody likely. However, they could be colossally stupid, so go ahead, state your intention to record, and ask for their consent. "I intend to record this call. Do you consent?" The more definitive of a statement you can get them to make, the better. Ideally, they will state their name, date, time, company they represent, corporate address, phone number from which they are calling, and something like, "Yes, I consent to the recording of this phone conversation."
If they will not consent, then you could simply tell them you do not talk to ghosts and hang up. Alternatively, you could use the collection log idea, and scribble some notes. Keep a spiral notebook near the phone. Write down their name, company they represent, address, phone number, date, time, reason for their call. If they say anything out of line, or even questionable, write it down. Ask them to repeat it. It is always legal for you to take notes about a phone conversation in progress.
You could enlist the aid of a spouse. Have them pick up another receiver and take notes. You also are not required to tell them another person is on the phone taking notes. Two sets of ears corroborating the same thing tend to carry more weight than the word of one person.
Call your state AG's office and ask about your options when dealing with an abusive caller who will not consent.
Final Thoughts
Caller ID is also a great thing to have if you are getting nasty calls. Keep a disposable camera handy and snap a picture of the Caller ID unit showing the time and date of the abusive call you received. More evidence to bolster and support your claims of abuse.
