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Posted: Thu Feb 16, 2006 8:26 am Subject: Tape recording conversations

Can a debt collector legally record coversations without telling the debtor first and if they inform you that they are recording the conversation, do we have the right to refuse being recorded? There has been certain instances where the collector calling has not stated the call is being recorded, but there is a beep every few seconds and after hearing that can we legally refuse to continue conversation?

Posted: Thu Feb 16, 2006 9:37 am Subject:

Majority of US states allow recording conversation with one party consent. How many persons are involved in the conversation does not matter here. Any of them can start recording without informing others.

However if you are from any of these 12 states, then you should inform the other participants that you are going to record the conversation. If they still continue speaking that means they do not have any problem with it. But those who are not willing to get their voice recorded, can stop the conversation or disconnect it. Check if you belong to these states-

California
Connecticut
Delaware
Florida
Massachusetts
Maryland
Michigan
Montana
Nevada
New Hampshire
Pennsylvania and
Washington.

Citizens of these states will be breaking law if they try to record any conversation without the consent of all the participants. Brat, if you find any such activities, consult a lawyer to inquire how can you fight it legally.

Posted: Thu Feb 16, 2006 9:39 am Subject: different laws different states

In California the law states that a beep every few seconds is enough to imply recording is in progress but in some states they must notify you by either a recorded message or voice prompt .... Yes you can refuse to be recorded at anytime
click the link to check your state laws
http://www.rcfp.org/taping/states.html

Posted: Thu Feb 16, 2006 11:01 am Subject:

Good addition Piptay Very Happy

I think if you belong to the state that permits recording with one party consent, you can still deny to be recorded, but you cannot bring any legal action, right?

Guest · Posted: Thu Mar 02, 2006 7:08 am Subject:

Does anyone know the law in Ontario regarding taped conversations or where I can get information on it?

Thanks!

Posted: Thu Mar 02, 2006 10:11 am Subject:

Hi Guest,

The only thing I have read about Canada is,

"Canadian federal law requires one-party consent for telephone call recording. Please refer to provincial laws for more information."

I am still looking for more information on the provincial laws, I'll let you know here if I find anything.

~Mary

Guest · Posted: Thu Mar 02, 2006 10:27 am Subject:

Thanks Mary!

Visiting Reader · Posted: Thu Apr 06, 2006 9:51 am Subject: interstate calls: which law applies?

Which law applies if someone places a call from a one-party state to a two-party state?

Also, when a phone number doesn't accurately reflect the location of a caller or callee, can I assume the physical location of the person is what matters? (I'm thinking of cell phones, those number-disguising operations some telemarketers use, call forwarding, etc.)

Posted: Thu Apr 06, 2006 4:19 pm Subject:

If you state that you are going to record the conversation, no room is left for confusion, right?

Visiting Reader · Posted: Fri Apr 07, 2006 4:01 pm Subject:

Presumably not, I'm not recording the conversation, so that doesn't help me.

If call is placed from a one-party state to a two-party state, which state law applies to whether the conversation can be recorded without the knowledge and consent of both parties?

And does the physical location of the party determine which law applies? Neither party necessarily knows the physical location of the other, only -- at most -- the phone number displayed by Caller ID or the number the call was placed to.

Does anybody know?

Posted: Fri Apr 07, 2006 4:56 pm Subject:

The laws will be applicable of the state where the consumer is residing. The collection agencies follow the licensing rules of the state where the consumer is in.

Posted: Fri Apr 07, 2006 8:06 pm Subject:

From what I have read it can be a little grey when crossing state lines on wether the state law applies or federal law at this point.

Federal law is only one party must be aware of the taping.

I read a couple of cases off of the link I provided in the other posts where the Federal law did prevail but these were mainly dealing with journalist.

Tim

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