recording phone calls

Discussion in 'Credit Talk' started by 3dayevntr, Aug 6, 2003.

  1. 3dayevntr

    3dayevntr Well-Known Member

    Hello, Quick question.
    I am in one of the states where you must have consent by both parties to record. If a caller rings my house, the answering machine picks up, does its "beep"and the caller begins speaking, I pick up the phone and the conversation is recorded because the AM doesn't shut off when the phone is answered- Does this fill the requirements for informed consent? The caller was leaving a message on a recorder on their on volition and speaking to a tape machine voluntarily.

    My ancient AM does this by default unless it is manually shut of.

    Should I hook it up again and cancel voice mail? I am starting a long road of credit repair and thought capturing conversations with CAs would be a benefit, per the discussions I have been reading.

    I LOVE you guys!

  2. bizwiz41

    bizwiz41 Well-Known Member

    This question has been a long and "threaded" discussion on many of these sites.....There is a lot in this simple question regarding the "legality" of recorded calls.

    As a veteran of the stock brokerage industry where all "transaction calls" were recorded, I am familiar with some of the laws.

    So, in simplest terms.....

    1) The "calling person" (CA in your case) MUST be made aware they are speaking on a recorded line, ever plan to USE the tape for BEYOND PERSONAL use (i.e. the old "Quality & Training Purposes you hear all the time!) If you plan to use the taped call as EVIDENCE, the other party must be aware they are speaking on a recorded line.

    2) You CAN use a recorded call for REVIEW, and DOCUMENT the call in your written notes.....the documentation can be PRESENTED in court. You CAN REPLY to questions regarding accuracy of your notes by saying call was recorded (accidentally?!?!?)

    3) If you are in the MIDDLE of a conversation, where things are getting "heated", you can alert the other caller they will be recorded from that part on, and ONLY that part after announcement is "admissible" as EVIDENCE.

    4) LEAVING A MESSAGE is NOT considered the same as a RECORDED CONVERSATION, UNLESS... the CA does leave a message that is illegal! If they same something against the laws, AS A MESSAGE, that CAN be used. careful with recording calls, there are many different STATE laws, BUT....anything regarding phone lines can be construed as a Federal law and Felony.

    I strongly recommend consulting an attorney if you plan to USE any recorded calls.

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