Consumer complaint received 2024-12-25 00:00:00
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Problem with a company's investigation into an existing issue — Difficulty submitting a dispute or getting information about a dispute over the phone
Company: First Technology Federal Credit Union
State: CA

Complaint narrative:
Subject : XXXX XXXX XXXX First Tech Federal Credit Union Unlawful Recording and Unprofessional Conduct Dear XXXX, I hope this letter finds you well. I am writing to formally file a complaint against an employee of First Tech Federal Credit Union, XXXX XXXX, regarding his unlawful failure to disclose that he was recording a phone conversation and his subsequent unprofessional behavior. I am also requesting that you assist in ensuring the preservation of all related audio recordings and documentation, as they are essential to an ongoing legal matter. 

Incident Details : On XX/XX/year>, I spoke with XXXX XXXX, a XXXX XXXX XXXX XXXX XXXXXXXX at First Tech Federal Credit Union, regarding a financial issue I am facing with the credit union. During the conversation, XXXX XXXX failed to inform me that the call was being recorded. It was only after approximately three minutes of conversation that XXXX XXXX abruptly stated, " I want to let you know that you are being recorded, if thats okay. '' At this point, I expressed my clear objection, stating, Wait, what? No! I do not give my consent. XXXX XXXX apologized, claiming that he had not had enough time to inform me within the first few minutes of the call. I believe this explanation to be insufficient and untrue, as I did not hear any prior disclosure regarding the recording. 

Unprofessional Behavior : In addition to his failure to disclose the recording, XXXX XXXX conduct was also highly unprofessional and disrespectful. When I attempted to address the matter and ask for clarification, XXXX XXXX responded in an aggressive and dismissive manner. His tone was rude and combative, and he refused to answer reasonable questions about the nature of the recording, particularly when I inquired if I could record the conversation for my own records. His behavior further escalated when he abruptly hung up on me without offering any resolution to my concerns. 

Request for Preservation of Evidence : Given the circumstances and the potential legal implications of this incident, I am formally requesting that First Tech Federal Credit Union preserve all audio recordings of this phone conversation. The conversation is of significant importance to my ongoing legal matter, and I want to ensure that the recordings are not tampered with, altered, or deleted in any way. 

Violation of Law : The failure to inform me of the recording before the conversation started and XXXX XXXX 's refusal to allow me to record the call constitutes a violation of Californias Informed Consent Recording Law, specifically California Penal Code 632 ( a ), which requires that both parties give consent to the recording of any confidential conversation. If XXXX XXXX had intended to record the call, the disclosure should have been made at the beginning of the conversation, before any discussion took place.

Additionally, his rude and unprofessional behavior may be in violation of consumer protection and fair dealing laws under the Fair Debt Collection Practices Act ( FDCPA ), as well as the Consumer Financial Protection Act ( CFPA ), which mandates that financial institutions treat consumers fairly and professionally. 

Request for Resolution : I respectfully request that the CFPB investigate this matter and ensure that the following actions are taken : Investigate the actions of XXXX XXXX XXXX and First Tech Federal Credit Union for failing to disclose the recording of the phone call as required by law. 
Preserve the audio recordings of the phone conversation between myself and XXXX XXXX, including any other relevant communications, in relation to the ongoing litigation. 
Ensure that First Tech Federal Credit Union take appropriate corrective action to prevent this unlawful and unprofessional conduct from occurring in the future. 
If this matter is not resolved promptly and appropriately, I will have no choice but to consider taking further legal action to protect my rights and address the damages caused by the mishandling of this situation. 

Thank you for your attention to this urgent issue. I look forward to your prompt response and assistance in ensuring that my rights are upheld. 

Sincerely, Harvest Davidson Penal Codes & Violations : California Penal Code 632 ( a ) : Prohibits recording confidential conversations without the consent of all parties involved. Violations of this law can result in civil penalties, including damages for invasion of privacy. Fair Debt Collection Practices Act ( FDCPA ) : Regulates the conduct of debt collectors and mandates fair treatment of consumers, including restrictions on harassment and abuse.

Consumer Financial Protection Act ( CFPA ) : Ensures that financial institutions engage in fair and transparent practices when dealing with consumers.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation