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Old 01-12-2008, 01:04 PM
cooper998 cooper998 is offline
Waking Up
 
Join Date: May 2007
Posts: 23
recorded conversations used as contracts

Hello Suijuris,

Ok, here it is, my first encounter with an attorney/debt collector.

My daughter just received a notice from an attorney advising that they are acting as a debt collector and are attempting to collect on a debt for a company called Budget Readers Services Inc.

I've been reading posts on this site for quite awhile but don't recall seeing one with circumstances similar to hers.

Here is a bit of background: she had subscribed to a bunch of magazines previously and one day awhile back received a call from Budget Readers Services Inc in which she was told something along the lines that they owed her additional magazines would she like to receive them. My daughter says she paused for a moment and said "uh, ok".

They then asked for her credit card number so they could update their files (I know, this should have sounded the alarm bells...she knows that now as well, trust me) so she gave it to them. My daughter says that she asked them twice if she was going to be charged and they said no, they just needed to update their files.

A couple of days later my daughter canceled her credit card so it was never charged and she then started receiving calls from Budget Readers Services Inc. She says she talked with them on one occasion and they played her a recording in which it is alleged that she verbally agreed to a contract, specifically the part where she says "uh, ok".

However, my daughter tells me the recording is misleading in that the entire conversation from start to finish was not replayed for her, only the part where is appears as though she consents to the contract and not the part where she twice asks if she is going to be charged and they say no.

The attorney's letter advises her that she has 30 days to respond and she can request verification of the debt, the right not to be called, etc, etc along with a link to the Colorado FDCPA act. We live in Illinois.

I have a feeling that the VOD they will provide is only going to be a written transcript of select portions of the recorded telephone conversation ...by the way, I asked her if she was advised that she was going to be recorded and she said no.

Seeing as though a recorded conversation can be easily edited, especially with today's technology, how binding would a recorded conversation be? I'm thinking that when she requests the verification of debt she should ask for a document with a signature...or would her giving her credit card number qualify as a signature act even though she was misled into giving it?

Also, I've tried several times to download Jersee's VOD but haven't had any luck. Would anyone be able to send me a copy please?

I'm not looking for someone to give us a magic bullet to fight this issue, but a nudge in the right direction on what to study would be greatly appreciated.

Thanks in advance,

cooper998
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