I am new to this board but one thing I know alot about is recording telephone conversations. I use to work for the state in which I live. It is a one party consent state. I recorded every conversation with employees as well as supervisors. The place in which i worked was very crooked. My boss got treated so bad for filing a complaint that she had a heartattack at work. She filed a law suit and I testified in her behalf and gave her attorney my tapes which were recorded on a radio shack recorder. Guess what 1 month ago she beat them with my evidence. She got a good chunk of change. Her medical paid for the rest of her life and state disability along with SSA. She won on retaliation for filing a complaint. USE THOSE RECORDERS IF YOU ARE IN A ONE PARY CONSENT STATE.
I forgot something. Just because you live in a one party consent state does not mean you can record someone that lives in a two party consent state. If I recorded a conversation with a ccc that was in a two party consent state that is considered a felony (Federal Offense) The only way you can record someone that lives in a two party state is to tell them at the beginning of the conversation that you want to record them. If they say no then you cant do it. Well you can, but you cant use it for anything and if caught you will get time.
This is a very good information tool, might i ask you what recorder you used and if you have a link to it?
I just went to my local radio shack dealer and asked for a phone recording device. There is a plug that goes into your phone jack and a split wire that plugs into the walkman. It will run you about $100.00 for everything. It has been well worth it. I recorded a bank just last week that lied. The same person told me the day before that and account had not been charged off way after my husband had filed bk. Then the next day she told me that she reported to the cra that it had been charged off before the bk. I got her two ways one for talking to me a third party about my husbands account. We were not married when he opened this account. It belongs to him and his ex-wife. And for acting out of malace by reporting incorrect info the cra. I told her I had recorded her after I had pumped her for information. She said that is illegal and I said you better call your banks attorney.
I meant she said the first day the account had been charged off way after my husbands bk.The second day she said she reported that it had been charged off before the bk.
You can get a little suction cup thingy at Radio Shack for a couple of bucks. Works fine. You stick the suction cup on the handset, and plug it into the microphone jack of the tape recorder.
i have been trying to get informatin about phone recording laws for over two weeks cant find any real good sources.. most sites just always point out that its very very tricky and requires alot of knowledge... you must know the federal statue, your state laws and the state laws of whoever you are recording... this is list from http://www.pimall.com/nais/n.recordlaw.html.. there sell recording stuff so i dont put much faith in the info but the list matches another sites list... you can also bore your self to death(couldnt read it almost fell asleep at work) and read the 1986 ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986 .. There are twelve states that require all party consent. They are: California Connecticut Delaware Florida Illinois Maryland Massachusetts Michigan Montana New Hampshire Pennsylvania Washington There are 38 states that permit one party consent. They are: Alaska Arkansas Colorado District of Columbia Georgia Hawaii Idaho Indiana Iowa Kansas Kentucky Louisiana Maine Minnesota Mississippi Missouri Nebraska Nevada New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia West Virginia Wisconsin Wyoming
Breeze, I live in Virginia and it is against the law to use on of those suction cups here. I went to www.dogpile.com when I was looking up laws. It is a search engine and I just typed in different telephone phrases dealing with recording conversations. My hb also had a friend that worked for a local FBI field office and I just called him to make sure I was doing everything legal. From what I have read I dont think you should be using that suction cup. You can also not record anyone's conversation but your own or you will be in trouble just like Ms Tripp in during the Clinton Administration.
Now let me ask this.....I live in a one-party state so theoretically I could record the conversation if the other person was also in a one-party state. My question is this....if I'm calling a ccc do I use the recording law of the state the ccc is headquartered in or the law of the state that particular rep's call center is located in?
www. Fcc.gov/Bureaus/Common_Carrier/Factsheets/record.html is a useful site. This explains that the recording device must be connected to a phone jack(line)
www.rcfp.org/taping/ and www.aclu.org/issues/cyber/phonelaw.html are two good sites also. You may also want to look up Linda Tripp and learn from her mistakes. I cant give all the information because I dont know what state you live in or your state laws. I can tell you that I researched every federal and state law where I live for about a week to make sure I was doing everything legal. Then my bosses attorney asked me how I obtained the tapes and wanted to see the recording device that I used to record the conversations on. I had been recording for about 6 to 8 months and had quite a collection. I had done everything legal. The state settled out of court and my evidence as well as my written testimoney had alot of weight in their decision to settled. Dont get me wrong the state of Virginia is a great place. The people hired to run this particular state agency were abusing and still are their power of authority. So the state was held liable for hiring these people.
http://www.Fcc.gov/Bureaus/Common_Carrier/Factsheets/record.html (spacing problem) That will be 2 F.I.C.O. points for fixing it...
From what I understand there is a difference between recording for civil cases and criminal cases and what is admissiable in court. From what I understand, for a criminal case, both sides must be advised, not matter what and whether or not you are an one party consent or not. Since we are dealing with civil laws, I think state law is in effect.
Thanks, I did not know that the device had to be plugged directly into the phone line. Personally I don't see the difference, but...... As far as recording other people's conversations, yeah, that is a "given." Only one's own conversations may be recorded.
Recording Interstate or Foreign Telephone Conversations The FCC protects the privacy of telephone conversations by requiring notification before a recording device is used to record interstate or foreign telephone conversations. These types of conversations may not be recorded unless the use of a recording device is: preceded by verbal or written consent of all parties to the telephone conversation; or preceded by verbal notification which is recorded at the beginning, and as part of the call, by the recording party; or accompanied by an automatic tone warning device, sometimes called a beep tone, which automatically produces a distinct signal that is repeated at regular intervals during the course of the telephone conversation when the recording device is in use. There is a device at Radio Shack that connects to the phoneline and emits the required beep. If I read the above correctly, you don't need to inform the other party as long as the beep is audible and at regular intervals. I am a manager at an internet stock brokerage and ALL our lines are recorded and the beep is at 15 second intervals.
If I reside in a two-party state and I call someone in a one-party state, do I need their permission to record? And how does anyone know where I did the recording from? Can't I travel to a one-party state to make the call? There seems to be some wiggle room. When I call many large institutions, like banks; their call routing system often warns "this call may be recorded for training or verification purposes." Doesn't that recording give me the right to record their side of the conversation as well as mine, just like they have the right to do? Finally, I record calls because it is often hard to take notes and remember facts stated while in the heat of conversation or negotiation. If I can't use the tape in court I can use it to transcribe (nearly) verbatim notes of the call. I once used those notes to win a small claims court case. Thanks to everyone for info!
I WISH I had recorded some conversations so I could get what they told me they would give me (NAMES, DATES, TIMES, PHONE NUMBERS, ETC!!! ...AS IN INTEREST RATES AND CREDIT LIMITS!!!!!!!!!!!!! IT IS HARD TO TAKE NOTES WHEN THEY ANSWER~~~THIS IS BLAH BLAH ACCOUNT # PLEASE... I have tried to write when I am telling them my account #...it doesn't work too good...
Well, if you call a CA and they have a recording that states "This call may be recorded for quality control purposes" then they have given you permission. Gib
