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Difficult times call for smart planning and decisive action. Evoca Express makes it easy to record calls with debt collectors to keep track of what they say and, if necessary, to protect your rights in potential disputes. Debt collectors are supposed to comply with the Fair Debt Collection Practices Act. This federal law promotes the fair treatment of consumers by prohibiting debt collectors from using unfair, deceptive, or abusive practices. Debt collectors are prohibited from harassing, oppressing, or being abusive in collecting a debt. This includes using threats or obscene language, publicizing the debt, making annoying or anonymous telephone calls, and misrepresenting the identity of the collector, the status of the debt, and the consequences if it is not paid. This act applies to professional debt collectors who collect on loans they did not originate. Though it technically does not apply to banks, department stores, and other lenders who collect their own debts, no reputable lender is permitted to use such practices.
You can use Evoca Express to record any telephone conversation with a debt collector. Hint: If the debt collector calls you, tell him you cannot talk then and get a phone number to call him back. Then here’s how you record the phone call that you initiate. Be sure to practice it first with a friend.
If you originate the call in a state that does not require notifying the debt collector you are recording the call (see “About privacy laws” below):
Step #1: Dial one of the Evoca phone numbers (click on “Call to Record” link to get the numbers)
Step #2: After you hear the Evoca greeting and tone, put the call on hold and dial the debt collector’s phone number
Step #3: When you hear the number ringing, join the two calls together (method will depend on your phone set-up)
Step #4: Start talking. Be sure to mention your full name in the conversation and get the debt collector’s name and confirmation of the phone number you used to reach him.
Step #5: Simply hang up when the call is over. The recording is saved instantly.
Step #6: Go to your Evoca account. You will find the recording right there! It is tagged with the date and length of the call. Be sure to type an appropriate title for the recording and a description.
If you originate the call in a state that does require notifying the debt collector you are recording the call (see “About privacy laws” below):
Step #1: Dial the debt collector’s phone number
Step #2: Tell the debt collector that you are going to record the call and that you will put the call on hold while you bring in the recording service
Step #3: Put the call on hold and dial one of the Evoca phone numbers (click on “Call to Record” link to get the numbers)
Step #4: After you hear the Evoca greeting and tone, join the two calls together (method will depend on your phone set-up)
Step #5: Start talking and ask the debt collector to state that he consents to being recorded. Be sure to mention your full name in the conversation and get the debt collector’s name and confirmation of the phone number you used to reach him.
Step #6: Simply hang up when the call is over. The recording is saved instantly.
Step #7: Go to your Evoca account. You will find the recording right there! It is tagged with the date and length of the call. Be sure to type an appropriate title for the recording and a description.
You can also order a transcription right online; it will be delivered as a Word document to the email you registered in your Evoca account.
If you need your attorney or other authorized person to listen to the recording, you can email the link to your private recording. Your email allows your attorney to download the recording to keep on file.
About privacy laws: “Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as ‘one-party consent’ statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)
Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as ‘two-party consent’ laws. If there are more than two people involved in the conversation, all must consent to the taping.” (This is an excerpt from The Reporters’ Committee for Freedom of the Press website. Evoca is not providing legal advice. Confer with your attorney as needed.)
To start recording calls today — whether’s it’s a phone conversation with a debt collector or for other business or personal purposes, an Evoca Express member account gives you a lot of value. You can sign up for a 30-day FREE trial account today and upgrade to a PRO account any time.
