Expert Advice When You Need It Most
Litigation possible? Collector claimed recording a previous conversation. No consent given. CA to WA (both 2 party states)I was called regarding a long disputed debt by a collector in CA. I was surprised to hear about it again from back in 2005 and said they would have to wait for me to figure out any details. They have since called family, my business and cell number. In the most recent conversation they advised that the first call was recorded and that I agreed to settle for $1000. That is not true. However, if they did record any conversation, there was no knowledge nor consent from my end. Since CA and WA are both multiparty consent states, wouldn't this alleged recording violate State and Federal law? Furthermore, in my C&D letter, should I mention being aware of this violation or keep it to myself as legal ammunition? Or should I request a recording to have it as evidence BEFORE I send the C&D?
Additional information
Thank you for the response. I am not so much concerned with the admissibility of said statement as I am with their admission of an illegal recording. Is this admission and possible existence of an illegally obtained recording worth pursuing legal action against them? Also, should I let them know that I am aware of this violation or keep it mum? Can I request a recording (for evidence) without implying acceptance of their terms? Or just send a Cease and Desist ASAP and leave it at that? Attorney answers (2)
Any offer to settle is not admissable in court (ER 408) and any agreement for more than $500.00 has to be in writing (RCW 62A.1-206) and an inadmissable offer to settle not in writing that is the basis of a threat that cannot be enforced is prohibited by the FDPCA I have pasted the links to all the rules here;
http://apps.leg.wa.gov/rcw/default.aspx?cite=62... ( statute of Frauds) http://www.courts.wa.gov/court_rules/?fa=court_... the FDCPA http://www.courts.wa.gov/court_rules/?fa=court_... If they continue with this line of attack you can sue here in Washington under The FDCPA. In addition, the Washington State Attorney General's office and the Department of Licensing regulate this type of activity. Good Luck 1 person marked this answer as good
Add comment
Reputation Level 20
Answered over 2 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
I believe Washington like Illinois and California's laws prohibits the recording of communications unless all parties to the conversation consent.
See my Legal Guide Recording Conversations in Illinois http://www.avvo.com/legal-guides/ugc/recording-... You need a lawyer because I do not practice in WA (I am in Chicago, IL). Check with a lawyer in your locale to discuss more of the details. Twelve states like Illinois require all party consent to record. The statutes are at this link: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73 . Violators can end up in jail. See RCW 9.73.080 (Penalties). Good luck to you. Again, check with a lawyer in your locale. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Related Questions1 Attorney answers: 
Asked by a user in Phoenix, AZ - about 1 year ago. 3 Attorney answers: 
Asked by a user in Miami, FL - 12 months ago. 2 Attorney answers: 
Asked by a user in Riverside, CA - about 2 years ago. This Week's Top Lawsuits & Disputes ContributorsView all lawyers on the Lawsuits & Disputes LeaderboardFind Lawsuits & Disputes Lawyers |
