Foo - Recording a phone call

I need to record a phone call to a large corp. When you call, it says "This phone call may be recorded". Does this mean that both parties are agreeing to record the phone call?

In Texas only one party has to agree and know about it, typically the parties doing the recording.

I need to record a phone call to a large corp. When you call, it says "This phone call may be recorded". Does this mean that both parties are agreeing to record the phone call?

It's more of a warning telling others to keep their mouth shut. ;)


I've had to sit through a recorded call before. The person recording usually tells them it's being recorded and asks if they are aware of it and agree to it.

But then again that's here in Cali.

AFAIK, Illinois is a two party state...

I'm calling a customer service dept where they say that the call may be recorded...

http://www.fcc.gov/cgb/consumerfacts/recordcalls.html

May have to check your state laws

Make a generic recording stating that you have been contacted by TimmyQuestCo, a subsidiary of Foo, Inc. and that the call may be recorded. As soon as the real live person gets on line and rapidly states their name and some corporate tag line, both uttered so fast that you think you hear "Hi, this is toaster strudel, planks shoe floor trawling" press play so they can hear your message.

If they do not hang up, go on with your call.

http://www.fcc.gov/cgb/consumerfacts/recordcalls.html

May have to check your state laws

The State law where i live is that both parties have to agree. That's not my question. My question is if their "this phone call may be recorded" is both parties consenting...

NO.

Like I said, it's a warning.

It MAY be recorded. They have to let you know. Doesn't mean you are agreeing to it. If you don't agree with it, then don't say anything you want recorded.

Usually they are doing it to monitor how their employees handle certain situations.

NO.

Like I said, it's a warning.


So what happens when they do chose to record, do they tell me when they get on the line?

No, they have warned you already. Just don't say anything that you don't want held against you.

No, they have warned you already. Just don't say anything that you don't want held against you.

So if they've warned me, then they have warned themselves...

Yes.

Usually the recordings are monitored by someone else, not the caller. It's random.

Yes.

So you feel then, that if they say this on the line that both parties are free to record?

I've done that. I've told them that I'm recording and "do you consent to this?". It would be wise on your part to tell them so, that YOU are doing it. It's mandatory and a courtesy.

If they say no, then it is not allowed in court as evidence.

Sometimes if you get into a tiff with a customer representative, they have the option to start recording it themselves (or request such), usually to cover their butt to their boss.

(FYI: I learned this when I was training for law enforcement)

I don't expect this to be brought into court, FWIW.

Okay. Just sayin'...:)

But you never know when calling customer service.

When I bought my truck it had a defect in the seam sealer and they told me I was on my own. I noted everything down, had their employees verify that it was indeed a factory defect, recorded things and told the headquarters I will be taking this to court. Next thing you know they suddenly agreed to fix it. (They should have in the first place, without all the trouble). They were just trying to get away with a bill is all.

doubtful.

In my experience with PBX's and customers that want to do call recording. They turn it on and leave it on then compress and archive the conversions with an index to a CDR (Call Detail Record) that has your calling number stored in it so they can retrieve your conversations if they need to. I have not seen where the PBX attendant can activate and deactivate call recording on a per call basis, there are too many issues with that.

I've worked for a bank in teleservices that allowed us to do that.

I've done that. I've told them that I'm recording and "do you consent to this?". It would be wise on your part to tell them so, that YOU are doing it. It's mandatory and a courtesy.

If they say no, then it is not allowed in court as evidence.

Sometimes if you get into a tiff with a customer representative, they have the option to start recording it themselves (or request such), usually to cover their butt to their boss.

(FYI: I learned this when I was training for law enforcement)

Interesting, when you did your call recording was it as a law enforcement officer or customer rep. I only have perspective of the customer reps and support and they pretty much record their conversations all the time, if they do call recording.

I've worked for a bank in teleservices that allowed us to do that.

Your boss trusted you too much. :)

Ignore my last post

*currently hiring door to door agents for company with in-house telemarketing*

its a warning, it all IS recorded, but as above, its not always listened to, unless there is a legal issue or something.

With us, every single conversation is recorded and filed, thats hundreds per day. What the turnover rate is for deleting old ones is, i dunno, but i know you could find out what the agent was talking about at minute x on x day on x call for x amount of time.

(i know its bad math. PHEH!)

So does this mean that i have the right to record the conversation then without actually saying anything? If i tell them that i'm recording i expect the conversation to change...

well no, i dont think so. I think the statement, "this phone call may be recorded for quality assurance purposes" covers all legal requirements.

but recording the conversation and saying "this call has been recorded!" may pull the same clout...

/if its a big company you can demand to have the recording sent to you, they have to do it by law.

people requesting recordings of their calls is pretty commonplace at our callcentre and done on every occasion

So does this mean that i have the right to record the conversation then without actually saying anything? If i tell them that i'm recording i expect the conversation to change...

There are specific exemptions in Illinois from the general prohibition against recordings without consent by all parties that allow recordings, such as for quality control and customer support phone calls (take a look at http://www.ilga.gov/legislation/ilcs/documents/072000050K14-3.htm; 720 ILCS 5/14‑3)
That permitted exemption from the 2-party consent rule would not necessarily permit the customer to make a recording.

I haven't read the entire statute but there may be something else in there to cover you.

In general, continuing the call means you know about and agree to the recording. Of course, every single sub-second of that frame can and will be used as evidence against you, down to the tone of your voice and background noises, should legal stuff happen.

i feel like 50% of you don't actually read the entire post before replying.

So does this mean that i have the right to record the conversation then without actually saying anything? If i tell them that i'm recording i expect the conversation to change...


okay. If you're recording, and you want it to be legal- you have to tell them that is being recorded.

When the conversation starts, "I am recording this phone call, do you consent?"

that is, of course to be legal.

i feel like 50% of you don't actually read the entire post before replying.

exactly, they dont.

OP is asking if it is legal for the caller to record the conversation without asking for consent.

okay. If you're recording, and you want it to be legal- you have to tell them that is being recorded.

When the conversation starts, "I am recording this phone call, do you consent?"

that is, of course to be legal.

Fine, but you haven't addressed the fact that they have told me that the phone call may be recorded. By staying on the line i'm consenting to the fact that the call may be recorded. By telling me they may record, it seems to me, that they are also consenting. Thus, both parties consenting. Does anyone know whether or not this is the case. I don't need 90,000 other people to speculate for me, i can do that all on my own ;)

/if its a big company you can demand to have the recording sent to you, they have to do it by law.

people requesting recordings of their calls is pretty commonplace at our callcentre and done on every occasion

I think this is your best bet. I worked at a place where all calls were recorded and I'm not sure why a company would do it any other way. It's a good way for the company to cover its own ass when a customer calls in making false claims.

I don't think a recording saying "your call may be monitored" is a two-way consent. Sounds like a one-way consent to me. I mean, I could tell you, "I may kick you in the balls." If, for some odd reason, you consent to this, does that mean that I agreed that you are free to kick me in the balls?

you are free to kick me in the balls

I'd record it anyway to prevent them from editing it in a way not in your favor. ;)

I think this is your best bet. I worked at a place where all calls were recorded and I'm not sure why a company would do it any other way. It's a good way for the company to cover its own ass when a customer calls in making false claims.

I don't think a recording saying "your call may be monitored" is a two-way consent. Sounds like a one-way consent to me. I mean, I could tell you, "I may kick you in the balls." If, for some odd reason, you consent to this, does that mean that I agreed that you are free to kick me in the balls?


Considering the call center i'm calling is in Illinois and i'm in Illinois and Illinois is a two party state...that seems like they are breaking the law then, assuming you speculation is correct.

i feel like 50% of you don't actually read the entire post before replying.

What's this thread about?

Considering the call center i'm calling is in Illinois and i'm in Illinois and Illinois is a two party state...that seems like they are breaking the law then, assuming you speculation is correct.

Read the Exemptions (http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+14&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60651&SeqStart=25300000&SeqEnd=26500000&ActName=Criminal+Code+of+1961%2E)

What's this thread about?timmyquest wants to record the call, and he's hoping that since they routinely say "this call may be recorded" that indirectly gives him permission to record it.


So if he secretly records it, and they later find out and complain or sue him, he can say "you said 'this phone call may be recorded'".

From reading the Illinois law on eavesdropping, Timmy would have to get their consent but the cooperation would not have to get Timmy's consent as long as the employee of call center has signed a wavier. Here is the exemption.

(j) The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when:
(i) the monitoring is used for the purpose of service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored.
No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.
When recording or listening authorized by this subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable.
Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace.
Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal‑only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both;

from a legal standpoint? its ambiguous enough to keep him from being sued methinks, but still, he can just request the bloody conversation, they HAVE to give it to him. at least, thats how it works here, considering how much more into the whole lawsuit/protecting ones ass the states have to be, im sure they record, file, and save everything and its uncle. just call them, and request the recording, and record it yourself just in case.

i think its fine, i I tell you "this coffee may be consumed for hydration purposes" and you drink it, i cant really complain, i never said by whom.

EDIT: i just poked through the above, i guess you cant use it against them? or is it that they cant use a recording against you in court? i hate legal jargon.

Is this like some valid question, or hypothetical time wasting? Dang, you folks got jobs?

Thnx for the last 3 posts

Is this like some valid question, or hypothetical time wasting? Dang, you folks got jobs?

What exactly is motivating you to whine like this? Don't you have a job?

What exactly is motivating you to whine like this? Don't you have a job?

I'm home sick today. Sick of whiney white folks. But that question was a serious one.

It would seem to me that if a call is recorded by one party and the other party agrees to the recording even by staying on the call after the message, both parties have agreed to the recording. Since both parties are recorded I would believe that both parties have equal access to the recording even though it might require a subpoena to get it. But I believe you have rights to the recording thus you could record the same call as well.

I'm not a lawyer and this is not legal advice.

It would seem to me that if a call is recorded by one party and the other party agrees to the recording even by staying on the call after the message, both parties have agreed to the recording. Since both parties are recorded I would believe that both parties have equal access to the recording even though it might require a subpoena to get it. But I believe you have rights to the recording thus you could record the same call as well.

I'm not a lawyer and this is not legal advice.

Here is the legal definition of consent.

Consent is either express or implied. Express, when it is given viva voce, or in writing; implied, when it is manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given.

Right, so the other party is doing the recording they have obviously consented to being recorded, if you do not hangup after the 'This Call May be Recorded' message you are giving implied consent. So both parties consented to the recording. If consent to recording the conversation has been given then it should not matter if one or both parties do the recording, IMO.

Right, so the other party is doing the recording they have obviously consented to being recorded, if you do not hangup after the 'This Call May be Recorded' message you are giving implied consent. So both parties consented to the recording. If consent to recording the conversation has been given then it should not matter if one or both parties do the recording, IMO.

That is the way I understand it.

Sick of whiney white folks.

Should I turn that statement around? How would it come across?

Should I turn that statement around? How would it come across?

My bad.

Sick of whiney folks.

Should I turn that statement around? How would it come across?

cant be turned around, not PC. sorry, hang up your retort and never attempt again.

;) we must take it with a smile

it's ok, he's home, sick. Makes me cranky too.

Should I turn that statement around? How would it come across?White of sickly whine folks?