Is a Debt Collector Required to Record a Phone Call With a Consumer?
Full Question:
Answer:
We are unable to locate a Colorado or federal statute requiring all phone conversations with collectors to be transcribed. It is doubtful that such a law exists, since consent to reocrd the conversation is typically required. Please see the following excerpt from the FTC publication at the following link:
http://www.ftc.gov/bcp/workshops/debtcollection/dcwr.pdf
"Many collectors and consumers now record debt collection calls. There was a consensus at the workshop that the authority to tape calls would benefit both collectors and consumers, because it would provide a record to resolve disputes as to what transpired during the calls. Some state laws, however, permit the taping of calls, including calls between debt collectors and consumers, only if both parties consent. The Commission concludes that permitting consumers across the nation to tape debt collection calls without the debt collectors’ consent would likely benefit consumers by enabling them to document abusive, deceptive, and unfair collection tactics. However, to accomplish this, federal law would need to preempt state law in those states that require both parties to consent. We take no position as to whether these state laws should be preempted in this instance. This matter should be carefully considered by Congress after obtaining input from the states on the merits of this approach."
We suggest you contact the Federal Trade Commission (FTC) for further information. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them.
Please see the contact information at the following link:
http://www.ftc.gov/ftc/contact.shtm
