What Does “One-Party Consent” Mean?
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General Answer: One-party consent means that only one person has to consent to recording a call. If you live in a one-party consent state, you can record conversations with a collection agency as evidence.
The process of dealing with a collection agency can be exhausting. You may receive multiple calls a day. Or, the debt collector may call you and start using profane or threatening language. This type of harassing behavior is unacceptable.
Thanks to the Fair Debt Collection Practices Act (FDCPA), this kind of behavior is also illegal. The FDCPA prohibits many forms of harassing communication. That being said, it may be hard to prove that a collection agency’s communications violated the FDCPA.
In some states, it is easier to prove a violation than in others. Those states with one-party consent rules give a huge advantage to consumers trying to prove harassment under the FDCPA. In this article you will learn about one-party consent, how it works and ways to use it to your advantage.
Understanding How One-Party Consent Works
One-party consent allows you to record a conversation with a collection agency or other party without them knowing. The reason is because, under one party-consent, only one individual has to know and agree to the recording of a conversation. That one person is the individual recording the conversation.
Whether you can record conversations under this rule depends on what state you live in. Only certain states allow one-party consent for recording conversations. Some states allow one-party consent but they have certain limitations. For example, Hawaii is a one-party consent state but prohibits installing a device in a private place.
In addition, certain two-party consent states have looser rules on when it applies. For instance, some states only require two-party consent for in-person conversations. It is important to check your state’s recording laws to determine what you can do.
Using One-Party Consent to Prove FDCPA Violations
If you are seeking to prove an FDCPA violation, there is a significant advantage if you live in a one-party consent state. The reason is that if you file a lawsuit you can only present admissible evidence in court.
In a two-party consent state, a recording is not allowed into evidence without the collection agency’s consent. A debt collector is not going to agree to a recording and then commit or admit to past violations. However, in a one-party consent state, you can record every conversation without their knowledge.
Tip: In a two-party consent state, you may subpoena any conversations the collection agency recorded. Some collection agencies keep copies of all phone conversations.
Types of FDCPA Violations You Can Prove When You Can Record Conversations
Some FDCPA violations are difficult to prove because there is a lack of evidence. Collection agencies typically have enough knowledge of the law to not put their violations in writing.
Many violations of the FDCPA occur over the phone or during in-person conversations. In a one-party consent state you cab record phone conversations to prove the following common violations:
- Type of Language. By recording a call you can prove that a debt collector used profane or obscene language.
- Threats. A recording can also prove if a collection agency has made any illegal threats. These include threats of violence or false threats of action the collection agency does not plan to take.
- Other FDCPA Violations. During a phone call, a collection agency may admit to other violations that they committed. For example, a collection agency may admit that they changed the amount of debt you owe by adding interest or fees.
Unfortunately, FDCPA violations only apply to third-party debt collectors. You cannot use recorded conversations with the original creditor to pursue an FDCPA claim.
Conclusion
When dealing with an unethical debt collector, use every tool available to put a stop to the illegal action. In doing so, it’s important to gather enough evidence to prove an FDCPA violation. If you live in a one-party consent state this includes recorded conversations with the collection agency.
If you have an FDCPA violation that you would like to address, consider contacting a consumer rights attorney. They can review your evidence and advise you on your next steps.
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