Fair Debt Collection: 11.5.2.4 Alternative Means to Substantiate a Call’s Substance
In states where tape recording without consent or warning “beeps” is illegal, or where it is unethical for the attorney to suggest that collection calls be recorded, the consumer still can keep paper and pen by the telephone and take notes of future collection calls. Alternatively, the consumer can seek the collector’s consent for the call being recorded. Debt collectors increasingly are recording their conversations with consumers, and these tapes can be sought in discovery.357