Author Topic: Call Recordings and How Long They're Kept  (Read 348 times)

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Re: Call Recordings and How Long They're Kept
« Reply #30 on: Yesterday at 12:59:50 AM »
<Shaking head sadly>

The word "tapes" was in quotes BECAUSE there are no tapes any longer.  It's all digital disk.  And with the amount of quatrobytes that they are swinging these days and today's compression algorithms, they can store the equivalent of everything that has ever been written several times over.

And it is you that seems to be stuck in front of TV court drama.  "Reasonable doubt" means nothing in civil court.

It may go to the credibility of the witness, but that's a different matter all together.

What you also seem to be missing...and upset at us playing the devil's that we are merely bringing up points on which you are going to have have a sharp game.

And most of the points that you seem to want to bring up fall on their face because you HAVE NO ADMISSIBLE EVIDENCE to set your case.  Your complaint, however elegant, isn't going to get the job done.  And your presentation, however elegant, is going to be somewhat meaningless unless you have evidence to support yourself.

We've pointed out a way for you to have evidence.  Someone else suggested that it may be difficult to get it accepted at trial. 

Both of us are right, as right we are also in suggesting that your whole case is a heavy lift.

And adverse decision in a federal district court is only applicable in that district..a minor setback to the rest of us...a decision in a federal circuit is much more harmful, and a decision from a circuit court can be devastating if their reasoning is impeccable.

I pointed out a case out of the 2nd Circuit, the circuit that adjudicates FCC regulations, that change the dynamic in the favor of our side.  It could help the OP.  But with any tool that one has in the box, one is best advised to use it with care because often the tool can do serious damage if one is not careful.

I'll watch this windmill chase from the stands and will both cheer and be critical when events on the field warrant.  Dave has helmet on, but he has yet to mount his horse.  There's a lot of game left in this game.

Funny...The pom-pom girl made an appearance on the word "c h e e r"


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Re: Call Recordings and How Long They're Kept
« Reply #31 on: Yesterday at 11:43:19 PM »
The OP can testify that the message was there when he called.  The OP can also address the subject in the Interrogatories and Admissions procedures.

If the bank denies that the message was there, he can subpoena recordings from that time period to establish that it was indeed there.  From there he can address whether all calls or only selected calls are recorded.

Anyone with a sense of how this recording thing operates is that they record everything as a means of self defense in cases where what a bank officer or CSR said in a conversation would be material.  Collections conversations, given the litigation to which they have been subjected, is of the "material" sort.

Yes, there is a problem getting the information, but it is obtainable.

Or he can do what I suggested two pages ago and remove all doubt
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)


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Re: Call Recordings and How Long They're Kept
« Reply #32 on: Today at 02:22:54 AM »
 :whackacow2:  Three pages ago....

I might also just call them up with a recorder running on my end and record their statement that calls may be recorded and use that as a justification for asking in discovery for any recordings that they might have.

 :vbfechten2:    :vbmoa:


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Re: Call Recordings and How Long They're Kept
« Reply #33 on: Today at 05:19:55 PM »
Me: So, you tend to record outgoing and incoming collection calls, correct?

Comenity: Yes.

Me: Did you keep every call made on September 14th, 2017?

Comenity: It's not practical to keep every call recording made.

Me: So, you admit to potentially destroying evidence that I verbally requested an agent from your company on that Thursday to C&D calling me from all numbers regarding all accounts.

Comenity: It is possible, yes.

You wouldn't be allowed to ask these questions on direct examination. Only on cross examination.  And being that you have the burden of proof, you would not be crossing their witness.


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Re: Call Recordings and How Long They're Kept
« Reply #34 on: Today at 07:12:52 PM »
There is also the matter since, at the time they deleted the recording, they were not under any legal obligation to keep them since they were unaware that you were going to sue. 

If you want legally to have records preserved for the purpose of litigation, you required to make that preservation request both comprehensively and specifically and in writing to the company

You're pushing a rope with that argument.