A collection company calls a client. When the client is connected to the collection company agent. The agent informs the client that the call will be recorded. If the client states, "I do not consent to being recorded" but continues the conversation. Can that recording be used as evidence later on during a court case regarding collections?
It depends on the country/state.
Non-consensually recorded conversations cannot be used as evidence if both these conditions are met:
- Exclusionary rule applies (which means illegally obtained evidence cannot be used in court); AND
- "Two-party consent" law applies (which means consent from both parties is required for the conversation recording to be legal).
If either of those conditions is not met, then recording can be used as evidence. Furthermore, if condition 1 (exclusionary rule) is not met, then recording can be used as evidence regardless how it was obtained — even if intercepted by a third party.