Could a recording be used against me even though there was not a signed document?
I was victim of a scam, I gave away my debit card info to a travel agency and they did not respect what they promised. This agency claims that according to the recording of our conversation they say the truth and that I won't get a refund, and that I would get an extra charge if I cancel. If I decide no to use their service they will charge a fee even if I do not cancel.
Answers:
Whether the recording is admissible or not is dependent upon your state law and/or whether you consented to it being made. Some states require consent of both parties to a conversation before a recording can be made legally, and thus admissible.
I am presuming you are saying you did not sign any contract / agreement with them. Were you made aware that your conversation was being recorded? If you did not sign any agreement then there is no contract between you and the travel agency. Even if the recorded conversation is legal, the Travel Agency has an obligation to fullfill their side of an agreement, I would suggest you get some proffessional consumer advice about this. It sounds as though the travel agency haven't got a leg to stand on from what you are saying but I wouldn't want to mislead you. Below is a list of things I would be doing right now.
1. Get some proffessional Consumer advice regarding your issues with the Travel Agency
2. Contact your Debit Card issuer and see if they can help
3. Contact the Travel Agency and ask for a copy of the recording. If the recording exists and is legal they shouldn't have a problem giving you a copy.
Go to your bank Today and tell them to hot list or hot card your debit card and issue a new one. Just tell the bank you want to prevent fraudlent charge that is a scam. Just tell them you got tricked. Once a debit card is hot listed or hot carded it can not be used. They got your debit card on file, so they could keep charging you. The only way to stop it is to hot list or hot card your debit card.
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