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Credit Card Lawsuit: Should You Record Collection Calls?

Credit Card Lawsuit: Should You Record Collection Calls?

Collection agencies and junk debt buyers are notorious for their questionable collection practices that include threatening phone calls as well as contacting people close to the debtor in a bid to humiliate them into paying the debt. These practices are largely unnoticed because many delinquent debtors are too scared to come forward. The most common collection efforts junk debt buyers apply is barraging the debtor with threatening phone calls, which begs the question, should you keep a record of these collection calls?

The answer is yes. It is perfectly legal to record collection records. However, there are certain rules you need to follow before you record phone calls when facing credit card lawsuit.

First, you have to keep a good record of any agreements that the debt collector makes because without it, it’s very hard to prove the existence of such promises. If a collection agent violated the Fair Debt Collection Practices Act during a call, you will have to prove your claim for the court to conduct proper action.

When recording collection calls, you need to know local rules. You have to refer to the state laws regarding phone call recording in your state. In some state, the consent of the other person on the line must be obtained prior to recording the conversation. It is a federal crime to record phone conversation without consent and permission from the other line. Known as wire-tapping, the civil and criminal penalties for such conduct are severe so make sure the other person knows that the phone call is recorded for record keeping.

If you are not able to record the collection call, it’s best to keep notes on the collection call log. When creating collection call logs, it is important to make each log as accurate as possible, otherwise, it might not hold much weight when you file a complaint.

You can use any recording device or a voice recorder to record collection calls. If you plan on transferring the recorded audio to a computer, it’s best to use a digital voice recorder. However, digital voice recorders tend to have really small storage and it has an increased chances of accidentally deleting recordings. Microcassette recorders are cheap and dependable and, it comes with a patch cable so you can transfer recordings to your computer directly.

If you come across abusive collection agents, this is a great way to make them behave. However, don’t forget to let the other person know about the recording and always check with state laws first before you record a call.

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