State Laws

Creditors that violate the rights of debtors should be reported to the Federal Trade Commission (see below) or the National Consumer Law Center (see below), which will refer the debtor to a consumer law attorney practicing in the area. The following states permit debtors to secretly tape telephone calls from collection agencies:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • District of Columbia
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Minnesota
  • Mississippi
  • Missouri
  • Nebraska
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

In the remaining 15 states, a debtor must secure permission from the collector. While failure to secure permission may prevent the recording of illegal or improper collection agency tactics, it does have a chilling effect on a collector who has been asked if the conversation can be recorded. He or she will most likely not engage in improper tactics, for fear that the debtor is recording the communication, even without permission.


Inside State Laws