RECORDING PHONE CALLS WITH DEBT COLLECTORS

Have you wondered whether you can record telephone conversations with debt collectors or anyone else? There is a lot of confusion about the legality of recording phone calls. Having a recording or multiple recordings of an abusive debt collector or collection agency is powerful evidence. However, recording a phone call may lead to criminal charges against you if it is against your state's (or even another state's) laws. You should always consult with a lawyer before you record a phone call with a debt collector.

General Rules for Recording Phone Calls with Debt Collectors

In general, federal law (18 U.S.C. 119, Sec. 2511(2)(5)) allows you to record telephone calls if you are a party to the call and you consent (referred to as ONE PARTY notification). However, several states, including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington require that ALL PARTIES (this is sometimes incorrectly referred to as "two party notification") consent to the recording for it to be lawful. If the phone call is from a one party state to a two party state, or vise-versa, then the all party notification law outweighs the one party notification law. This means that if a debt collector calls you from California and you are in a one party state, you may NOT record the call unless the debt collector consents.  

Information on Recording Debt Collectors for California and Minnesota Consumers

California: California is an ALL party notification state. You may not record a call from a debt collector unless ALL parties to the conversation consent (See California Penal Code Sections 631 and 632). California courts have recognized "implied" consent as being sufficient to satisfy the statute where one party has expressly agreed to the taping and continues the conversation after having been informed that the call is being recorded. It is also legal to record a conversation if you include a "beep" on the recorder for the parties to hear at regular intervals. Special Note: If you are a California resident and you believe you have been illegally recorded, you may be entitled up to $5000 damages against the business or person who recorded you.

Minnesota: Minnesota is a ONE party notification state. You may record calls if one party consents to the recording. However, be aware if the other party (presumably the debt collector) is calling you from an ALL PARTY state. You may not record the call unless there is consent.

What about messages left on my answering machine or voice mail from a debt collector?

Messages left on your answering machine or voice mail can be recorded and should immediately be saved. Document every single phone call, and letter, you receive in a communication log (you can download our free log by clicking here).  Then have your attorney listen to them to see if your rights have been violated.

Vocaroo Instructions: 

If you have a microphone (or webcam with a microphone) attached to your computer along with an internet connection, we recommend using Vocaroo to save your messages.  Here are instructions on how to record a saved message or voice mail:

1.  Go to http://www.vocaroo.com

2.  Click on "Sign In" on upper right hand of screen.

3.  At the bottom of the screen where it says "Don't have an account?" Click on "Create one."

4.  Enter email address and password and click submit.  You're automatically signed in.

5.  Click on "Send a new voice message."

6.  Make sure your microphone is plugged in.  Then click on the bottom "Click to Record."

7.  Abobe Flash Player Settings will pop up.  Click on Allow.  Recording starts automatically.

8.  Click to stop.  Queue the message you want to record, for example from your answering machine.  

9.  Place your microphone next to the speaker of your answering machine or device that plays back voice mails.

10.  Click "Record Again" and then press play your answering machine.  

11.  Once the message has stopped playing click on "Click to Stop."

12.  Click "Listen" to verify the recording was successful.

13.  Click on "Send to a friend."

14.  Enter This e-mail address is being protected from spambots. You need JavaScript enabled to view it to send a copy of the message directly to us to have an attorney review it.

15.  Click "Send."

16.  You can click "View your account"

Information for Consumers Recording Debt Collectors in all 50 states

The following chart shows telephone recording laws, which would cover recording phone calls with Debt Collectors in all 50 states.  Please note that the chart is for informational purposes only.  We do not guarantee that the information is accurate. You should consult with a licensed attorney in your jurisdiction. For your convenience, we have hyperlinked the state website where you can research individual state laws. Simply click on the state name below to go directly to the state's website to read laws, codes and regulations.