Recording Conversations That Might Be Unfair Collections Practices

[jsharpie77]

My question involves collection proceedings in the State of: Arizona

I have been sued and am heading down to the courthouse today to file my sworn denial on a credit card debt. I have asked verbally for verification, and received nothing.

I started recording my calls with them after a few outright lies, and believe that I may have caught them. In a recorded conversation, the rep says very straight forward that they are a law agency and are collecting on behalf of their client, but they appear to be only a collection agency. How do I know if they failed to comply with the Fair Credit Collections Act? Their website is: http://guglielmoandassociates.com. I have heard that they can't claim to be a law firm. Is this true?

He truly does not want to go to court. What are my chances of getting this dropped if I file sworn denial?

Also, can they tack on their attorney fees, etc. if they happen to win the judgment?

Thanks.

[Mr. Knowitall]

It appears that in Arizona, as long as you're a party to a conversation you may record it.

A collection agency that is not a law firm should not claim to be a law firm, and falsely making that claim is an unfair debt collection practice. A law firm suing on behalf of the collection agency can identify itself as a law firm. If you're talking about the collections law firm you've identified in your link, law firms can identify themselves as law firms - that's what they are.

If you believe you have a valid legal claim for their violations of collection practices law, you should see if you can still file a counterclaim.

I don't know who "he" is.