Re: Re: PHP & Text Messaging [Straying Way OT]

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   Interesting.... and being in Pennsylvania, I'm in the "all-consent"
group.... but being originally from New Jersey, where I still thought it was
law, I'm confused.... isn't there a Federal mandate about this as well?

On 4/26/07, jgodish@xxxxxxxxxxxxxx <jgodish@xxxxxxxxxxxxxx> wrote:

In the US you can record your own phone calls, ingoing and outgoing?
Usually!!

Most states are "one-party-consent law" states. If you live in one of
these, you
can always record your own in-state calls either openly or
surreptitiously,
since only one participant's consent is needed. Likewise, you can get
someone
else to record them for you.

In interstate calls, it's important to check this state-by-state summary,
because in interstate calls, both states' laws apply, and you need to
apply the
most stringent applicable law. For example, if you live in California or
are
even just speaking to someone in California (an "all-party-consent law"
state),
you must get the other party's permission to record the call, or risk
having to
pony up $5000 in statutory damages (or three times the actual damages,
whichever is greater). In general, announcing your intent to record and
letting
the other party hang up if they don't like it is sufficient in all states:
continued participation implies consent.

The all-party-consent law states are: California, Connecticut, Florida,
Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New
Hampshire,
Pennsylvania, Washington. In Delaware, Indiana, Iowa, Missisippi, and New
Mexico as well, a participant may record but a non-participant may not,
even
with consent. In Vermont the law is unsettled.

I am not a lawyer; this is not legal advice; laws change; errors happen.

John
Quoting Daniel Brown <parasane@xxxxxxxxx>:

>     Yeah, but unfortunately, in the United States, you have to alert
someone
> when you're recording a telephone conversation.
>
> On 4/26/07, Tijnema ! <tijnema@xxxxxxxxx> wrote:
> >
> > On 4/26/07, Daniel Brown <parasane@xxxxxxxxx> wrote:
> > >    Sounds like a good plan.  Maybe I'll start recording all of my
phone
> > > calls.  I'll just answer the phone, "Hello, this call is being
reported
> > for
> > > quality assurance and training purposes, this is Dan, wazzzup?!?"
> >
> > Hmm, i see nobody would ever lie to you again :)
> >
> >
> > >
> > > On 4/26/07, Justin Frim <jfrim@xxxxxxxxxxx> wrote:
> > > >
> > > > Richard Lynch wrote:
> > > >
> > > > >[snip]
> > > > >Relying on Sprint, however, to honor any kind of oral agreement,
is a
> > > > >big fat *NOT*
> > > > >
> > > > >"I'm sorry, but we just don't have any reocrd of that
conversation.
> > > > >
> > > > >You're now 2 weeks overdue, because that extension you claim we
gave
> > > > >you doesn't exist."
> > > > >
> > > > >It was like a parody of the White House Watergate tapes --
Anything
> > > > >they didn't feel like honoring was just not there;  Something
that
> > had
> > > > >been said that they LIKED, they had a perfect record of that
though.
> > > > >[snip]
> > > > >
> > > >
> > > > A good old O.T. thread.  :-)
> > > >
> > > > A few months back I was trying to weed some information out of
Rogers
> > > > and Fido, but several times I was told conflicting information
each
> > time
> > > > I called.
> > > >
> > > > Finally I made an audio patch cable to connect my MP3
player/recorder
> > to
> > > > the phone and then proceeded to call Rogers again.  The
conversation
> > > > went something like this:
> > > >
> > > > -Voice mail system: "Thank you for calling Rogers
Wireless.  Please
> > stay
> > > > on the line and our next available agent will help you.  Note that
> > your
> > > > call may be monitored and recorded for quality assurance and
training
> > > > purposes"... music-on-hold...
> > > > -Customer support: "Thank you for calling Rogers, my name is Bob,
may
> > I
> > > > have your phone number starting with the area code?"
> > > > -Me: "I'm just letting you know that this call will be monitored
and
> > > > recorded for quality assurance purposes"
> > > > *click*  MP3 recorder starts recording....
> > > > -Customer support: "Umm.... okay...."
> > > >
> > > > The patch cable was designed so I could also play back audio into
the
> > > > phone, just in case they tried pulling a "we never said that"
denial.
> > > > Fortunately, in that conversation where I announced it was being
> > > > recorded, the customer service guy never lied to me even
once.  Funny
> > > > how that works out.
> > > >
> >
> > You could better not tell them you are recording, and when they are
> > saying "we never said that" then you just play it back :)
> >
> > Tijnema
> >
>
>
>
> --
> Daniel P. Brown
> [office] (570-) 587-7080 Ext. 272
> [mobile] (570-) 766-8107
>







--
Daniel P. Brown
[office] (570-) 587-7080 Ext. 272
[mobile] (570-) 766-8107

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