Recording Debt Collection Calls: Is it legal?
It is a crime in the following states to record debt collection calls without the consent of ALL parties. Do not record any telephone call originating from, entering into, or emanating out of these 12 states, without the consent of all parties to the communications, which was obtained PRIOR to making the recording:
California – Connecticut – Florida – Illinois – Massachusetts – Maryland – Michigan – Montana – Nevada – New Hampshire – Pennsylvania – Washington
- Know what city and state the debt collection calls are coming from and what city and state you’re returning a call to. If you cannot determine the physical location of the calls, then DO NOT RECORD THEM.
- If you cannot record, simply use your recorder to make a diary immediately after the call of what was said during the call. Be sure to note the date and time of the call at the beginning of your diary entry.
- Voicemails and answering machine messages left for you may always be recorded. This is another great use of a digital recorder and will allow you to preserve critical evidence in your case.
- Generally speaking, it makes no difference that your state allows recording if the other state the collector is in prohibits it. Always make sure both states allow it. This information is deemed reliable but not guaranteed. Do your own legal research before making recordings of any communications over which not all parties have consented, or let the Canupp Law Office take care of everything for you.
- It is a federal crime to record any conversation when you are not a party. This is known as wiretapping, and the civil and criminal penalties for this conduct are huge. Don’t ever do it.