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Collection agency can record our call, but I can't?

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mmccauley

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

Hi, I live in Illinois and a collection agency (Blitt & Gaines, who I will now refer to as "BG") is trying to collect. I called BG to begin negotiations on this matter, and their automated phone greeting informed that my call would be recorded "for quality assurance purposes." When the rep answered, the conversation went something like this:

Me: You're recording this call, right?
BG: Yes.
Me: Ok, well I just want you to know that I'm recording it also.
BG: I am terminating this call because I did not give you permission to record.
Me: But you're recording it, too.
BG: Yes, but we're a company.
Me: So you can record the call, but I can't? Can you please give me permission to record this call?
BG: No, that's our policy. I don't make the rules.
Me: Can you email me then? I want to talk about my debt.
BG: I have to terminate this call.
Me: Can you please email me?
BG: You'll have to call back without recording.

Side note: I had already tried to email BG but they apparently won't communicate that way.

I'm just wondering how this is legal? They can record me "because (they're) a company" but I'm not allowed to record the very same conversation at the same time?

Also, does this do anything for me in terms of negotiation, or do I simply have to play by their rules?

Thank you in advance!

Matthew
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Illinois

Hi, I live in Illinois and a collection agency (Blitt & Gaines, who I will now refer to as "BG") is trying to collect. I called BG to begin negotiations on this matter, and their automated phone greeting informed that my call would be recorded "for quality assurance purposes." When the rep answered, the conversation went something like this:

Me: You're recording this call, right?
BG: Yes.
Me: Ok, well I just want you to know that I'm recording it also.
BG: I am terminating this call because I did not give you permission to record.
Me: But you're recording it, too.
BG: Yes, but we're a company.
Me: So you can record the call, but I can't? Can you please give me permission to record this call?
BG: No, that's our policy. I don't make the rules.
Me: Can you email me then? I want to talk about my debt.
BG: I have to terminate this call.
Me: Can you please email me?
BG: You'll have to call back without recording.

Side note: I had already tried to email BG but they apparently won't communicate that way.

I'm just wondering how this is legal? They can record me "because (they're) a company" but I'm not allowed to record the very same conversation at the same time?

Also, does this do anything for me in terms of negotiation, or do I simply have to play by their rules?

Thank you in advance!

Matthew
Your state seems to be in a bit of a "flux" between one-party and all-party consent to recording. You have the right to require that all communications be in writing. That may be your safest route to take.
 

adjusterjack

Senior Member
I'm just wondering how this is legal? They can record me "because (they're) a company" but I'm not allowed to record the very same conversation at the same time?
It's legal. Here's how it works.

If they tell you that you are being recorded and you stay on the line you have given consent. If you don't want to be recorded you stop talking and hang up.

If you tell them that they are being recorded and they stay on the line with no objection then they have given consent. If, as in your example, they object and hang up, then you are forbidden to record if you want to talk about your debt.

Another part of the issue is that IL is an all party consent state so if you record secretly you will be committing a crime and the recording will not be admissible in court so it will be useless to you if you want to use it against the creditor.

Bottom line, the creditor can record if you continue the conversation. You cannot record if the creditor says no.
 
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LdiJ

Senior Member
It's legal. Here's how it works.

If they tell you that you are being recorded and you stay on the line you have given consent. If you don't want to be recorded you stop talking and hang up.

If you tell them that they are being recorded and they stay on the line with no objection then they have given consent. If, as in your example, they object and hang up, then you are forbidden to record if you want to talk about your debt.

Another part of the issue is that IL is an all party consent state so if you record secretly you will be committing a crime and the recording will not be admissible in court so it will be useless to you if you want to use it against the creditor.

Bottom line, the creditor can record if you continue the conversation. You cannot record if the creditor says no.
And 99.99% of the creditors are going to say no, because they have not educated their employers as to what is or isn't legal for them to say or do, and they do not want their illegal actions caught on tape.
 
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mmccauley

Junior Member
Hi everyone, thank you for your replies! I have accepted the fact that the collection agency will maintain this advantage over everyone. Nonetheless I appreciate everyone's input here. It sucks that they have an unfair advantage on phone calls (in IL anyway) but that's just the way it is.

Thanks again and take care

- Matthew
 

cbg

I'm a Northern Girl
Just to be clear, it's not because they are a collection agency or even because they are a "company". It would be the same with any two entities. You could be talking to your next door neighbor, your boss or your no-good son-in-law and it would work the same way if one entity wanted to be the sole recorder of the conversation for some reason.
 

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