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Old 04-22-08, 08:36 AM   #1
timmyquest
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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?
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Old 04-22-08, 08:45 AM   #2
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In Texas only one party has to agree and know about it, typically the parties doing the recording.
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Old 04-22-08, 08:48 AM   #3
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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.
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Old 04-22-08, 08:50 AM   #4
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AFAIK, Illinois is a two party state...

I'm calling a customer service dept where they say that the call may be recorded...
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Old 04-22-08, 08:51 AM   #5
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http://www.fcc.gov/cgb/consumerfacts/recordcalls.html

May have to check your state laws
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Old 04-22-08, 08:54 AM   #6
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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.
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Old 04-22-08, 08:55 AM   #7
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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...
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Old 04-22-08, 08:59 AM   #8
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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.
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Old 04-22-08, 08:59 AM   #9
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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?
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Old 04-22-08, 09:01 AM   #10
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No, they have warned you already. Just don't say anything that you don't want held against you.
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Old 04-22-08, 09:02 AM   #11
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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...
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Old 04-22-08, 09:02 AM   #12
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Yes.

Usually the recordings are monitored by someone else, not the caller. It's random.
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Old 04-22-08, 09:03 AM   #13
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Yes.
So you feel then, that if they say this on the line that both parties are free to record?
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Old 04-22-08, 09:07 AM   #14
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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)
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Old 04-22-08, 09:08 AM   #15
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I don't expect this to be brought into court, FWIW.
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Old 04-22-08, 09:10 AM   #16
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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.
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Old 04-22-08, 09:13 AM   #17
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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.
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Old 04-22-08, 09:14 AM   #18
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I've worked for a bank in teleservices that allowed us to do that.
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Old 04-22-08, 09:19 AM   #19
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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.
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Old 04-22-08, 09:20 AM   #20
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I've worked for a bank in teleservices that allowed us to do that.
Your boss trusted you too much.

Ignore my last post
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Old 04-22-08, 09:23 AM   #21
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*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!)
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Old 04-22-08, 09:32 AM   #22
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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...
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Old 04-22-08, 09:39 AM   #23
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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
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Old 04-22-08, 11:12 PM   #24
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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...0050K14-3.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.
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Old 04-22-08, 11:39 PM   #25
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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.
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