Federal law says that at least one party taking part in the call MUST consent to the recording. (18 U.S.C. Sec. 2511(2)(d)) Quoting Daniel Brown <parasane@xxxxxxxxx>: > 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 > -- PHP General Mailing List (http://www.php.net/) To unsubscribe, visit: http://www.php.net/unsub.php
