Recording Phone Conversations With Debt Collectors

Knowing the Differences between a one party consent state vs. a two party consent state

In an ideal world we should be able to record conversations with debt collectors, especially since they are most likely recording your conversation.  Unfortunately we do not live in an ideal world and recording phone conversations without two party consent is illegal in twelve states, which are listed below.  In the remaining thirty-eight states, it is legal to record phone conversations with only one party consent.

In a one party consent state, only one person needs to know that the phone conversation is being recorded, which means that you do not have to inform the person, or debt collector, that you are recording the phone conversation.  It is wise to do your research before you decide to record your phone call with a debt collector.  If there is any chance that you may be calling a debt collector in a two party consent state, you should be safe and tell the debt collector that you are recording the phone conversation.  In such a case, you have conformed to the two-party consent rule of that particular state.

In a two party consent state, both parties to the phone conversation have to be aware that the phone call is being recorded.  When making a call to a debt collector in a two-party consent state, you should inform the other person that the call is being recorded right away.  It is then up to the other person whether or not they want continue the phone conversation.  You will definitely get a mixed response depending upon the debt collector with whom you speak.

Currently the law is very much untested as to whether or not a person may record a phone call when two states with conflicting laws are involved.  In such a case, it is wise to play it safe and inform the other caller that the call is being recorded.  More on recording phone conversations coming soon.