How & Why to Record Collection Calls

Never underestimate the value of evidence

By "Dare"
 

     I generally advise people NOT to get on the phone with debt collectors. If you lose your temper easily, aren’t familiar with the Fair Debt Collection Practices Act (FDCPA) or don’t know how to keep quiet and let the other side make all the mistakes, a phone call from a debt collector can be your undoing. However, with the right attitude and some basic preparation it’s often possible to turn the tables and make it the collector’s undoing! 

 

 

 

     First of all, you have to know the recording laws. In most states you can record your own calls without informing the other party on the call. These are called “one-party” states and include Texas, for example. A few states require "all party consent" in order to record, and violating these laws can have serious consequences.  So make sure you understand which laws apply before you hit the Record button.  For more information about recording laws, see http://rcfp.org/taping/

 

     After ensuring that you can legally record, and whether you need to inform other parties to the call or not, you need recording equipment. Some phones or phone services have recording features built in, so check your options. Otherwise you’ll need a recorder and a “pick-up device” of some sort. You can find a wide range of recorders by searching on the Radio Shack website, for example:  (Radio Shack link) 

 

     My personal favorite recorders (and I do a LOT of recording!) are:  

 

Olympus WS-110 Digital Voice Recorder (doesn't need a cable, plugs directly into USB port, and records in WMA format which is easy to access and edit on almost any computer)

 

Olympus VN-4100 PC Digital Voice Recorder  (easy to use and stores a LOT of recording time, but does require hauling a cable around to connect to computer, uses special Olympus software, and the file format is a little less user friendly for editing purposes.)

 With either recorder (or pretty much any other recorder you may choose) you'll also need a "pickup" device - a special microphone designed to pickup both sides of a phone conversation and input it into the recorder.  I highly recommend this one: 
 

Olympus Mini Tele-Recording Device (works with landline, wireless, and cell phones)

This allows you to record from both landline and cell phones, quickly and easily.  The recordings can then be transferred to your computer, burned to a CD, or emailed to a lawyer.

 

Once you have the equipment, practice a bit on routine calls until you’re comfortable recording.  Then, when you end up on the phone with a collector, keep these guidelines in mind:

 

1)      Say as little as possible. Let the OTHER side make all the noise! Never admit to owing the debt, never agree to pay on the phone, and never provide them with personal info such as workplace, Social Security Number, bank account, etc. You don't have to answer their questions, and it's ok to simply say "No" when they order you around. No need to explain yourself, either.  Just keep asking them to send you all of the information in writing. (This will infuriate a bad collector and could result in a goldmine of a recording for YOU.)

2)      Be nice. Plan to use this recording as evidence in court. Don’t say anything you wouldn’t want a judge and jury to hear. It’s ok to sound scared or confused. But don’t cuss or get out of control. Let the other side do all that.

3)      Do NOT reveal that you’re recording, unless required to by law. Needless to say, the worst collection abuses occur on the phone when they think there will be no way for you to prove what they said. Surprise!

The point of all of this is to gather evidence of violations of state and federal debt collection laws, which can be used against the collector in court or with complaints to regulatory agencies, compliance officers, etc. Recording these calls could completely change the outcome of your experience with a debt collector.  Instead of you being worried about being sued, you could end up suing them. And instead of you paying them, they could end up ceasing collection efforts - and paying YOU. I know of several consumers who have received settlement checks due to having recorded calls from collectors who chose to violate the law. 

 

So if you're getting outrageous phone calls from out of control debt collectors, take the time to prepare for them.  And next time you get a terrible call from a debt collector, don’t get upset. Just record them, and hope they break every law on the books. Then get to www.naca.net and find a lawyer.