Recording a call with Equifax

DUSTY · 12-14-2006, 11:51 AM

"I'm recording this call."
We don't allow recording if your going to record I'll have to forward you to a supervisor....
"I'm recording this call."
As I said.... I'll forward you to a Supervisor.

I'm a Supervisor.
"I guess I was forwarded to your because as I told him I record all my calls."
We don't allow recording.
"I'm recording this call because I want to know how you handled my dispute"

We don't "investigate" a dispute. We send it to the furnisher and their reply is provided.

"That's why I'm recording this call because YOU should investigate please explain your investigation procedures"

I'm not allowing you to record this call.
Our procedure is as I explained.
"So you don't investigate you just take the furnishers answer and use that as the result of your investigation?"

Yes

Well, like I've told you the whole time I am recording this call because this isn't right that you don't investigate.

I imagine this thread could go in alot of directions

1) State laws are different but, I don't believe you need someone's permission to record, just to inform them. If you get the standard 'this call may be recorded' at the beginning they're doing so without your permission. The proper response is to just hang up, I've had collector's do that before. I said it enough times throughout the conversation, but if I move forward and go Fed then I my understanding is that any call can be recorded.

2) Aren't there bigtime problems with their statements?

hannah · 12-14-2006, 12:01 PM

I don't think there is any problem with the recording of the call however I am not a judge...

And YES there is a big time problem with the answer from the supervisor to your question of:

Quote:

"So you don't investigate you just take the furnishers answer and use that as the result of your investigation?"

I may be doing some calling and recording myself soon...

Typically however, disputes of your sort would better be handled by a letter sent CMRRR. I believe I would follow the call up with a letter and state what the supervisor said in your call and ask for a clarification of their procedures and well as dispute via FACTA with the furnisher.

spinn · 12-14-2006, 12:07 PM

Isnt the best way to handle that is ask if they record?

If they say yes then it is ok for you to record.....correct?

hannah · 12-14-2006, 12:23 PM

Quote:

Originally Posted by spinn

Isnt the best way to handle that is ask if they record?

If they say yes then it is ok for you to record.....correct?

I am not a lawyer yet but I believe informing someone at the beginning a call that you initiated that you are recording begs that they hang up if they don't agree as any reasonable person would do so. Almost all calls that come in through an automated voice mail system have disclaimers that the call may be recorded and Dusty's disclaimer at the beginning of the call put them on notice that he was recording. You don't need to include a disclaimer if you are in a one party state, however, and they don't need to know nor do you need to tell them.

To answer your question, if they say they are recording, I would think that if they are, then it is permissible for you to do so as well and I would do so.

spinn · 12-14-2006, 12:37 PM

My point was actually a bit more subtle. I would prefer that they not know I am recording if the law allows. They will not assume a consumer is recording. Is that sneaky...maybe. But does the fact that you are not recording mean it is ok for them to violate the law?

If you dont have to tell them after their recording says they are recording....why would you?

Hedwig · 12-14-2006, 01:09 PM

It depends on the state. Maryland is a two-party state. My understanding is that both parties must CONSENT to the recording. I would have a problem with the OP's tactics. I know that some places if the person says they don't want to be recorded you must immediately stop. If you try to use a tape like the one mentioned it could backfire on you. Just ask Linda Tripp.

Even if the charges are eventually dropped, you'll have an arrest record and mounting legal expenses.

JayinGR · 12-14-2006, 01:28 PM

The thing is I thought if they had the recording at the start of the call "this call may be recorded blh blh blh....then you could record away without telling them...I have always done it that way...

hannah · 12-14-2006, 01:41 PM

In order to be absolutely sure, check your state code but I believe that if the legality of Dusty's call was called into question, the fact that the first person Dusty spoke to said if he was going to record that he'd have to speak to a supervisor begs that Dusty as a reasonable person would believe he could record. Then when he spoke to the supervisor, the supervisor was informed that Dusty was recording and continued to speak to Dusty knowing he was being recorded. I don't believe that any reasonable person could assume that someone not permitting recording or not demanding that the recording device be turned off before answering further questions didn't in fact tacitly agree to being recorded. The only legal question is what the actual statute in Dusty's state and/or precedent says about it.

Again, I am not an attorney and you should always consult an attorney in your state if legality is in question.

Enigma · 12-14-2006, 02:11 PM

That call would not pass in FL and since they told you not to record, you can go to jail for a felony.

spinn · 12-14-2006, 02:11 PM

We are dramatically overthinking this..................if they record you record.

And Enigma....I really dont mean this sarcasically.......but has that ever happened to a pro se, I doubt that it has.

I remember hearing on AOC that if you dont know this particular law. you can not be punished for it.

hannah · 12-14-2006, 02:19 PM

Quote:

Originally Posted by spinn

We are dramatically overthinking this..................if they record you record.

And Enigma....I really dont mean this sarcasically.......but has that ever happened to a pro se, I doubt that it has.

I remember hearing on AOC that if you dont know this particular law. you can not be punished for it.

Spinn, there is no court anywhere in the United States that permits ignorance of the law as a defense. Trust me...

DUSTY · 12-14-2006, 02:34 PM

Yes Mr E I haven't check my states statutes but

http://www.callcorder.com/phone-reco...aw-america.htm

is a good link. It appears that I was wrong, the definition of 'consent' might apply under the FCC Federally (notification at the beginning). I took that to mean consent is notification, and it is evidently is in some cases. Again it's rigged against us.

But, in a two party state if someone says no it looks like it's no. However. they were probably in GA. And if it is a one-party state and they say no then?

I don't want to misinform anyone.
What I also found however is a Florida ruling that says it maybe a matter of where the call eminates from or where the utterance is made.

In Koch v. Kimball, 23 Fla. L. Weekly D594 (Fla. 2nd DCA 1998),

"The court concluded that the actual interception occurs not
where the communication is heard, but where the communication
originates. The court interpreted the Act to provide that the
interception occurs where the words or communication is uttered, not
where it is recorded or heard."

So even if you're in a one party state you might get called into question.

So it's still in question, but again I haven't researched enough. Let's just say it's not a simple issue.

Gosh now I know why attorney's are the pro's and I couldn't do it, I can't stay personally detached.

hannah · 12-14-2006, 02:45 PM

I did a quick google and found this website.
Another website with information.

If all information is correct then recording calls in Florida is illegal unless all parties to the call agree to the recording.

Here are Florida's statutes regarding this issue.

My above answers in this thread are indicative of the fact that I am in West Virginia as the statute here allows that if one party knows they are recording that is all that is required.

spinn · 12-14-2006, 02:51 PM

But I think the question is if in their recording they ask you if it is ok to record, and you say yes just by staying on the line, is that not mutual agreement to record the call?

That means that you both have agreed the call can be recorded, both by them AND by you. That means you do not have to ask because just your staying on the line after their statement is mutual agreement.

To ask again would be redundant.

hannah · 12-14-2006, 03:06 PM

I know that a lot of our type of forums have agreed that recording is ok if the other party, normally a business, comes out with that disclaimer, however I just read in about ten different places that the "business telephone" exception in most state statutes regarding recording

Quote:

generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.

boyblue_77 · 12-14-2006, 03:11 PM

Quote:

Originally Posted by DUSTY

"I'm recording this call."
We don't allow recording if your going to record I'll have to forward you to a supervisor....
"I'm recording this call."
As I said.... I'll forward you to a Supervisor.

I'm a Supervisor.
"I guess I was forwarded to your because as I told him I record all my calls."
We don't allow recording.
"I'm recording this call because I want to know how you handled my dispute"

We don't "investigate" a dispute. We send it to the furnisher and their reply is provided.

"That's why I'm recording this call because YOU should investigate please explain your investigation procedures"

I'm not allowing you to record this call.
Our procedure is as I explained.
"So you don't investigate you just take the furnishers answer and use that as the result of your investigation?"

Yes

Well, like I've told you the whole time I am recording this call because this isn't right that you don't investigate.

I imagine this thread could go in alot of directions

1) State laws are different but, I don't believe you need someone's permission to record, just to inform them. If you get the standard 'this call may be recorded' at the beginning they're doing so without your permission. The proper response is to just hang up, I've had collector's do that before. I said it enough times throughout the conversation, but if I move forward and go Fed then I my understanding is that any call can be recorded.

2) Aren't there bigtime problems with their statements?

Are you in a one-party recording state? If so, you didn't have to tell them you were recording and you would have gotten all the dirt on them.

Enigma · 12-14-2006, 07:58 PM

Quote:

Originally Posted by spinn

We are dramatically overthinking this..................if they record you record.

And Enigma....I really dont mean this sarcasically.......but has that ever happened to a pro se, I doubt that it has.

I remember hearing on AOC that if you dont know this particular law. you can not be punished for it.

This is not true.

Just as Monica L friend Linda T.