As long as you give notice to the person on the other end of the line, you can legally record a phone call. Recording phone calls is one of the most powerful tools available for fighting back against creditor harassment. Here is how to record a call:
- Start your tape recorder.
- Put the call on speaker phone.
- Say the following: "I am recording this phone call. If you continue talking, that means that you consent to being recorded."
- Record the entire call.
- State the date and time of the call and who you spoke to before you stop recording.
- Stop recording.
If the creditor's agent doesn't stop talking, then the agent has consented to being recorded. By recording the call, it is possible to document violations of federal and state law that would otherwise resolve in a "he said-she said" battle in court. For instance, if a debt collector calls you an offensive name or swears at you, then that is a violation of the Fair Debt Collection Practices Act. That violation can be pursued in addition to other potential violations. Although it is possible to win based on the strength of your testimony alone, having a recording is always the best means of proving your claims.