How do I legally record a phone call with a debt collector for my records under California's two-party consent law?
To legally record a phone call with a debt collector in California, you must clearly inform them that you are recording and obtain their consent at the beginning of the call. California law requires the consent of all parties to record a confidential conversation.
Here is how to legally record the call:
Step 1: Prepare Your Equipment
Before the call, ensure your recording device or application is ready and functioning correctly. Test it to avoid technical issues during the conversation.
Step 2: State Your Intent to Record Immediately
At the very beginning of the call, before discussing any details of the debt, you must announce your intention to record. A clear, direct statement is best. For example: "Before we begin, I need to inform you that I am recording this call for my records."
Step 3: Ask for and Obtain Clear Consent
After stating your intent, you must ask for and receive the collector's permission. Ask a direct question like, "Do I have your consent to record this conversation?" You must receive a clear "yes" or other affirmative confirmation. Silence or hesitation is not consent.
Step 4: If They Refuse, Do Not Record
If the debt collector says no or objects to being recorded, you must not record the call. Continuing to record after they refuse is a violation of California law. You can still take detailed written notes of the conversation, including the date, time, collector's name, and what was discussed.
Important Details and Nuances:
California Penal Code Sections 632 and 632.7 make it a crime to record a confidential communication without the consent of all parties. This applies even if the debt collector is located in a one-party consent state, because you are in California. A call regarding a personal debt is considered a "confidential communication."
Warnings and Limitations:
Illegally recording a phone call can expose you to criminal prosecution and a civil lawsuit for damages. An illegal recording will also be inadmissible in court, making it useless as evidence. Be prepared for the collector to refuse consent and end the call, as many companies have policies against being recorded.
This is general information and does not constitute legal advice. For complex situations, or if you believe a debt collector is violating your rights under state or federal law, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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