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

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   Thank you, sir!  Didn't have the minute to look it up.  Excellent
citing.


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

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
>







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

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