 quetwoThat VoIP GuyPremium
join:2004-09-04
East Lansing, MI | The laws... In a "one-party" state, as long as one side authorizes the recording of the conversation, then you are good to go. If you ASK to authorize the recording and they deny it, then you lose that legal ground...
In a "two-party" state, both sides need to agree to record the conversation. |
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 MxxCon
join:1999-11-19
Brooklyn, NY | I don't think that's accurate.
If the other party denies that, you can still record it because you have your own authorization. As long as 1 party authorizes it, it's fine. It's not that if anybody refuses that you can't record it.
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| That is 100% correct. It means a third party cannot record a 2 party call, i.e the cops without a warrant.
Depending on where the TWC call center is, the rep may have been correct, although the customer could also refuse to be recorded, but then they would not be able to speak to a CSR. Catch 22 |
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Mr Matt
join:2008-01-29
Eustis, FL
kudos:1 Reviews:
 ·CenturyLink
 ·Comcast
·Embarq Now Centu..
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Here in Florida both parties must give permission to record a telephone call. If the called parties initial greeting states: "This call may be monitored or recorded for quality assurance purposes." Then by continuing the call the caller has granted the right to the called party to record the conversation, it also gives the caller the right to record the call without further notice. The caller has a right to ask the customer service representative not to record the call but no one ever does.
This matter came up in the late 90's when a CSR of a competitive ISP gave a customer incorrect instructions on how to install their Netscape Navigator browser. As a result of the CSR's incompetence the customers operating system was completely corrupted. The customer sued the ISP to recover the cost to have the computer repaired. The ISP's management claimed that the call was recorded by the customer illegally.
The ISP lost because the customer recorded the entire call which included the touch tone number they dialed and the initial announcement that that the call may be recorded by the ISP. The position of the court was that denying the caller the right to record the call was the same as if the ISP asked the caller to sign a contract and then refuse to give them a copy of the contract they just signed. The ISP had to pay the customers repair cost which at the time was several hundred dollars. |
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | reply to quetwo
But whos laws matter?
As in if the call originates from a 1 party state but terminates to a call center in a two party state whos laws take effect?
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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axus
join:2001-06-18
Washington, DC | reply to Mr Matt
Wait a moment.. what if the caller had set the phone down and didn't here the message about recording? I know that if I started telling things to "customer service" after I called, probably nobody heard me. Maybe they recorded it, though  |
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Reviews:
·AT&T DSL Service
| reply to Hello112
If you call a number, and you get a message like "calls recorded" before the rep answers, you can record that call because they are. They have given you notice and that notice also goes for them.
Just be sure you record the message "calls recorded" and you do not have to notify the rep after that, they know their calls are recorded. |
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 morboComplete Your Transaction
join:2002-01-22
00000 | reply to Kearnstd
Most likely the more restrictive law. |
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| reply to Mr Matt
Thanks for the information. I'm in Florida and I have been given some bad information in the past from the cable company. I'm definitely going to see about recording all future calls going forward. |
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 stevek1949We're not in Kansas anymore
join:2002-11-13
Virginia Beach, VA | reply to quetwo
said by quetwo:In a "one-party" state, as long as one side authorizes the recording of the conversation, then you are good to go. If you ASK to authorize the recording and they deny it, then you lose that legal ground...
In a "two-party" state, both sides need to agree to record the conversation.
Look here for the individule state laws. If the call is interstate, the state with the strictest law will probably the best to comply with.
»www.dmlp.org/legal-guide/state-law-recording |
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quetwoThat VoIP GuyPremium
join:2004-09-04
East Lansing, MI | reply to MxxCon
The law, as according to the USC 47, Chapter 9 Subchapter I, if you wish to opt-out you can, even in a 1-party state. In that case, recording needs top stop at that point. You then always have the choice to hang-up if you need to record the conversation.
The tricky thing is you don't know where the call center is. It may be in a two-party state, in which case you NEED to have consent in order to record. A message when you call into the call center can make explicit the requirement to consent to recording to continue, but either party can opt-out at any time, and at that point the recording needs to stop. Many times to opt-out you need to hang up and communicate using a different method. |
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| reply to Kearnstd
What does that matter? Your not going to follow laws of a state your not even in are you? |
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CXM_Splicera more sensible viewPremium
join:2011-08-11
NYC
kudos:1 Reviews:
 ·Verizon FiOS
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said by MxxCon:I don't think that's accurate.
It is accurate.
In a one party state, only one person needs to give permission to record the conversation. Since I am calling the Service Center and I give myself permission to record the conversation, I do not have to inform the rep that it is being recorded.
In a two (or all) party state, all people participating in the conversation must give consent for the recording to be legal. Once everyone has consented, it makes no difference who records it, the permission to record is already there.
If a person in a one party state records a conversation with someone in a two party state without notifying them, the recording is legal and admissible as evidence in a court in the one party state. It would be up to the judge in a two party state if he/she will allow or deny it as evidence.
Either way, since the Service Center is informing all parties that the call is being recorded, you may record it without further mention or permission in either type of state. |
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| reply to MxxCon
the OP is correct. Ohio is a one party state and the Ohio law even defines the ONE person as making or receiving the call. That person does not have to say anything. |
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| reply to Kearnstd
Depends on the state. And the laws. |
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 joakoPremium
join:2000-09-07
/dev/null
kudos:5 | reply to Mr Matt
Do you have the name of the case?
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PRescott7-2097 |
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MxxCon
join:1999-11-19
Brooklyn, NY | reply to TBusiness
said by TBusiness:the OP is correct. Ohio is a one party state and the Ohio law even defines the ONE person as making or receiving the call. That person does not have to say anything.
That was not the point of my reply
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 davoice
join:2000-08-12
Saxapahaw, NC | reply to CXM_Splicer
CXM_Splicer gets a gold star. Because TWC has a "calls may be recorded for quality and training purposes" announcement in their automated attendant, you do NOT need to ask the rep for their permission to record the call. This is called implied consent. TWC is telling you that it may record the call, thus if you wish, you may also record the call. Because TWC is doing it ahead of the actual connection to an agent, the announcement is considered binding wherever the agent is located as the HQ location approved consent.
}Davoice |
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