Cell phone w/o contract & was taped without permission

[lifting]

What is the name of your state? Colorado

I purchased a cell phone plan in Oregon in 2001, and the contract stated their were no roaming fees. However, a few months later I had a $150.00 bill from roaming fees. The company told me that I could avoid paying the roaming charges by returning the phone and paying the remainder of my bill. Although, when I attempted this, the company went out of business. Later their assests including my debt were purchased by a Cellular company in Washington state. A year later I was contacted by a collect agency, and was told I owed $500. They were unwilling to settle for anything besides $500.00. However, when I asked for a copy of my contract, they said their was no contract. Now 5 years have gone by, and a new collection agency has the debt. I was waiting for the SOL to expire (6 yrs in OR and WA), but towards the end of my conversation in which I informed the agent I was waiting for the SOL he told me he had recorded my conversation. I noted he did not have my permission, and that his actions were illegal.

Colo. Rev. Stat. § 18-9-303: Recording or overhearing a telephone conversation, or any electronic communication, without the consent of a party to the conversation is a felony punishable by a fine of between $1,000 and $100,000 and one year to 18 months in jail.

What course of action should I persue?

[BelizeBreeze]

Originally Posted by lifting

What is the name of your state? Colorado

I purchased a cell phone plan in Oregon in 2001, and the contract stated their were no roaming fees. However, a few months later I had a $150.00 bill from roaming fees. The company told me that I could avoid paying the roaming charges by returning the phone and paying the remainder of my bill. Although, when I attempted this, the company went out of business. Later their assests including my debt were purchased by a Cellular company in Washington state. A year later I was contacted by a collect agency, and was told I owed $500. They were unwilling to settle for anything besides $500.00. However, when I asked for a copy of my contract, they said their was no contract. Now 5 years have gone by, and a new collection agency has the debt. I was waiting for the SOL to expire (6 yrs in OR and WA), but towards the end of my conversation in which I informed the agent I was waiting for the SOL he told me he had recorded my conversation. I noted he did not have my permission, and that his actions were illegal.

Colo. Rev. Stat. § 18-9-303: Recording or overhearing a telephone conversation, or any electronic communication, without the consent of a party to the conversation is a felony punishable by a fine of between $1,000 and $100,000 and one year to 18 months in jail.

What course of action should I persue?

Go to law school.

[racer72]

without the consent of a party to the conversation

A appears to be used in the singular form. The collection agency would be a party to the conversation.

[Zigner]

Oh, nice move telling them you were waiting on the SOL -BEFORE- it runs out...I'm sure they appreciate the heads up on that!!!

Also, what are you waiting for? There is no SOL if there was no contract...You can't have it both ways!

[mdwhitney]

Unless you have a copy of your original contract that states what your are saying or something concrete to PROVE what you are really liable for (I would ask for an itemized copy of the $500 they claim you owe) but other than that, you ARE SOL, no pun intended.