Speaking Engagement:

NARCA Spring Collection Conference: To Record or Not to Record - The Benefits, the Laws, Compliance Issues and Defense Strategies

Event Information

Dates & Times:

Thursday, May 17, 2012
10:00 - 11:00 a.m.

Friday, May 18, 2012
4:30 - 5:00 p.m.


Hilton San Diego Bayfront
San Diego, CA

Sponsored By:

National Association of Retail Collection Attorneys (NARCA)
2012 Spring Collection Conference (May 16-19, 2012)


June D. Coleman

David Kaminski, Carlson & Messer LLP

Presentation Overview:

Approximately 14 states have recording/monitoring act statutes which require dual consent in order to allow one party to record a call of another party.  Litigation regarding recording act claims is in vogue.  The consumer's bar is constantly looking for claims and causes of action independent of the FDCPA against the debt collection industry.  Recording act claims against debt collectors have been filed as individual and class actions.  Damages under the relevant statutes vary, and in some instances, can be catastrophic.  Many collection agencies throughout the United States use recording equipment to record calls between the collection agency and the called party.  Confusion regarding recording exists and is exacerbated by the fact that states that have recording statutes have different laws regarding consent, notice (timing and type) and compliance.