Midland Credit Management Harrassing and profane language Ripoff San Diego California

I just read your posting to the abusive behavior of Midland's employee's. I am happy to see that you are not going to deal with this behavior like we all are in grade school.

I did a quick check on the web about tape recording telephone calls and I have found that your state is a one-party notification state. Meaning that one party on this phone call must agree that this telephone call is being recorded. Folks not every state has this liberal stance so please check with your state before taping your phone calls. In some states its illegal and is a crime or atleast the tape will not be allowed as evidence in a court room.

But anyway I see your state does allow you to tape the phone call with out their expressed permission. I would just to double cover your butt let them know either via certified, return receipt letter or the next time they call explain that all telephone conversations are being recorded and maybe used in a court of law now or in the future. Be prepared for them to tell you that they are not giving you their permission to do so but let them know that state regulation..

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Okla Stat. tit. 13, 176.2.

Okla. Stat. tit. 13, 176.4: Anyone who is a party to a wire, oral or electronic communication or who has obtained consent from a party can lawfully record or disclose the contents of that communication, so long as he does not do so in furtherance of a criminal act.

Problem although is that since this call does come from California (assuming here). California law is a two-party state meaning both sides but agree that this telephone call is being recorded. My guess is here that an attorney would advise the court that Midland Credit has informed its callers that they are recording this call when they talk with you (or atleast when you call them) so it would be assumed that they have given consent that you can also record their phone calls.

Either way, just be fair warned that just because you have recorded the phone call it doesn't mean the behavior will change. The odds I guess they figure that you would persue this is so low that they wouldn't care.

Either way great job and let us know how you are going on handling this idiots in a cubicle.