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Tape recording conversations

Date: Thu, 02/16/2006 - 07:26

Submitted by Not so Lucky
on Thu, 02/16/2006 - 07:26

Posts: 3041 Credits: [Donate]

Total Replies: 11


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?


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.


lrhall41

Submitted by stanley on Thu, 02/16/2006 - 08:37

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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


lrhall41

Submitted by Mary on Thu, 03/02/2006 - 09:11

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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.)


lrhall41

Submitted by on Thu, 04/06/2006 - 09:51

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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?


lrhall41

Submitted by on Fri, 04/07/2006 - 16:01

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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


lrhall41

Submitted by TimB on Fri, 04/07/2006 - 20:06

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