For quite some time now I selectively recording telephone conversations with Servicers / Lenders. In CA, we must notify of recording. I notify in writing directly on the 3rd Party Authorization so it's there for them to see.
Attached are two copies of how I do this on the 3rd Party Authorization. One is my "Generic" Authorization and the other is an example using the Chase package.
I use Ring Central's phone service for my business. They have a feature for starting and stopping the recording of calls that's easy. It's a great service because you can use it from your mobile as well. And, the recorded calls are delivered to e-mail as an MP3 and I can retain them forever. On a couple of occassions, I've had negotiators deny a previous conversation. When I've played-back the previous conversation to them - it's been interesting.....
Thoughts?
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In CA, both parties on the call must be aware of the recording of calls (you can't just record without both parties knowledge) so you are correct, if they notify me, then both parties are aware and it's ok.
@Thom,
I don't know that they actually read the 3rd party auth. while we're on the phone, I assume it's simply a notation in the file as to who is an authorized third party. Even though the purpose of the recording would be for documentation, and some leverage when they go back on something, I don't think an enforcability in court issue matters. I wouldn't want to see you get nailed for illegal recording though.
I do not record every call - typically only those where there are "issues". On those calls when the rep states their normal "script" about recording calls, I say "Me too" or "My calls may be recorded also". If the person is really beligerant, I play the standard announcement from Ring Central which has it's own script. I'm a former Telecommunications Exec so I make sure my bases are covered - especially here in CA.
Thom - I've always thought about doing this, but haven't yet. I think it's a great idea. They record you. How long can you keep these recordings? Can they be archived somehow with your transaction file?
The more I think about this - now that Bank of America is service releasing a lot of files to Green Tree - it may be a good idea. Especially when a file is in their "collection" department :)
I agree - I do think putting the language on the 3rd Party Auth is important. I believe more of us need to do it. Yes, you can archive the calls along with your documents in the file.
@Wayne -
My belief is since the person I am about to speak with must verify the 3rd Party Authorization on file by reading that 3rd Party Authorization, and it states clearly on it that I record calls for documentation purposes, then they have then been notified at the time that either I call them or they call me. They are reading the form at the very moment they speak with me so it's not "advance notice / prior notification".
Thoughts?
I've done it. I specifically had a Chase negotiator hang up on me when I played the generic disclosure that they were being recorded. She flipped out and hung up on me. It's funny what is good for the goose isn't good for the gander.
Hmmmm clever the way u are doing this. For if you get on any conversation with a servicer and TELL them that u r recording them AFTER they state the usual...Hi! This is Kathy Smith from Chase and we are on a recorded conversation, is that ok?
and u say yeah...and then if you tried to say, Oh by the way...I'm recording you too? Notice they hang up??? LOL
So as long as u are acknowledging that to them then it is legal....but if you didn't acknowledge it anywhere...they you could not legally use it against them or it would be....as they say..."inadmissable" in court, etc...
Funny how the servicers who've been "scre____ing the American homeowners for the past several years... don't like when the tables are turned on them....hmmmm
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