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Can I record and use it?

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artbhill

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I have an issue with Equifax. According to state law N.C.G.S. Chapter 75 "Identity Theft Protection" act, consumers may place a security freeze on their credit file free of charge if placed online. I had a need to because an idiot at a powersports dealer published my personal information (full name with address accompanied by my social security number, drivers license number and a credit card number) to a third party without my permission where it remained from 5/18/2010 until 11/2/2010. I was able to place the security freeze online with Experian and Transunion for free. However, Equifax intentionally steers all consumers into mailing or calling which forces them to pay a fee (i.e. if a security freeze is placed via mail or phone, a fee up to $3 may be charged.). I know this is done intentionally because at least 3 Equifax agents stated "It doesn't matter how you place the security freeze. North Carolina residents must pay $3." They even went on to say that "The $3 is only charged the first time the freeze is placed and you can place it free after that." and then went on the say "Our guidelines mandate we charge $3 regardless". I pointed out the fact that the website is just a prop which posts consumer information to a static page will is already pre-filled with the steering message which instructs the consumer to send the same information they've just entered via mail or phone and I indicated it should be free over and over again.

1. N.C. is a one party consent state for recording phone conversations to which you are a party of.

2. G.A. is a one party consent state for recording phone conversations to which you are a party of.

3. Each time you call customer service, you get the ambigous message "This call may be recorded for quality assurrance purposes." It doesn't state who may record the call at anytime nor does it provide you a way to consent or not consent. So my assumption is that if you continue with the call, consent is implied. As far as I'm concerned, "This call may be recorded" is akin to saying "This last donut may be eaten"....by anyone who hears me say it. So anyone who hears it may take the action followed by the "may be".

So my question is: Can I record a customer service call to Equifax to impeach and/or proof they are engaged in unfair and deceptive practices? This is the second time I'm had issues with this company and this time it's just blatant disregard for the laws of my state.
 


Rexlan

Senior Member
As a practical matter say you record .. then what?
Are you really willing to go to court for what? Injunction, damages (all of $3), other?

Best advice ... deal with it and pay the $3. Your principals will cost you thousands of $$.
 

artbhill

Junior Member
Ok

I think this is why consumer fraud is so prevalent in the U.S. The companies that commit fraud can do so freely without fear as they have deep pockets and the victims of fraud are being told to just deal with it. If the victim doesn't take the risk of fighting back and attorneys aren't in great supply to fight for the victims and those that are say it's not worth it, then there's no point of having consumer protection laws in this country. It's bad enough the laws don't provide much in the way of penalties which would serve as a deterant, but it's particularly bad when the very victims are being discouraged from fighting back because they're principals are meaningless.

I'm guessing that including Equifax as a defendant along with 2 other defendants for consumer protection violations that weren't resolved against the victims' best efforts wouldn't be recommended either since it's also a matter of principal and could cost thousands.

Thankfully, I've been a victim enough times to know it will not end or slow down without action and I'm at that point of having no choice but to fight back.

Thanks for your feedback.
 
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