Answer is YES. If you want to set up your Fair Debt Collection Practices Act claim, your best evidence to establish debt collector abuse would, of course, be tape-recorded phone calls from the collectors as they’re abusing you. Next best would be reliable and credible witnesses who had witnessed the abusive, excessive or inappropriate (i.e. at work) collector calls.
California Penal Code Section 632 forbids recording of “confidential communications,” but harassive debt collector calls can hardly be classified as “confidential”. However, since you’re the debtor, be on the safe side: tell the debt collector that you’re going to record all phone calls. Have your voice on tape or, better yet, send a certified letter to the debt collector advising them of your intention to record all phone calls, and that you do not consider these phone calls to be “confidential communications”. Send this notification along with your validition letter, where you’re requesting validation of the debt. Once you’ve done that, record away!
Obviously, you want to keep any tapes you’ve made. If you’re using a hand-recorder or your cellphone, or if you’re using your voicemail recorder, you need to make arrangements with an audio recording company to make permanent copies of the recording. Make more than one copy and keep at least one copy in a very safe location, such as a safe deposit box. You always want to make at least one copy for the debt collector, who will ask for it when your case gets into litigation. If you have the recording and if it really does demonstrate harassment or abuse, this will definitely help get your case settled.