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How to Legally Record Phone Call to Network?

Discussion in 'Business & Tax Advice' started by andre09, Oct 6, 2009.

  1. andre09

    andre09 Junior Member

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    Hi, basically a company owes me a large amount of unpaid commissions and I have a feeling they will be banning me, as they are not answering my emails about the unpaid invoices.

    I will be calling them tomorrow and it is vital that I record the conversation. However, it is illegal to record a call without both parties consent.

    Does anyone have any advice regarding this?

    Does the fact that I am an individual calling a corporation make it easier for me to bend the rules? I do not think they have the "this call is being record" warning.

    Thank you
     
  2. mmhustler2009

    mmhustler2009 BANNED BANNED Premium Member

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    I am not sure what country you live in, but here in the US, you only need consent from one party. This is how PI's collect information here. Look at that stupid show "Cheaters" even, do you think the cheating spouse gave the company permission to have him/herself humiliated in front of millions of people? :)

    Take a look at these sites for more information.
    http://www.callcorder.com/phone-recording-law.htm
    http://www.callcorder.com/phone-recording-law-america.htm

    Some of the information kinda elapses on both pages, but take a look at them. Hope this helps out.
     
  3. seowizards

    seowizards Junior Member

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    Mate, if your in the united kingdom you have to have both parties consent to record a phone call, if you ask them or tell them your recording the phone call they will most certainly just hang up, if there are in the wrong which they are and own you commissions i'd suggest (if your in the uk) just go ahead and record it, they cannot really do much about it as they already owe you commissions (unless they have a legitimate reason for not paying you) hope that helps buddy
     
  4. thugkilla

    thugkilla BANNED BANNED

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    Actually even in the US to record someone you need their permission, it's both parties consents not just one.
     
  5. popzzz

    popzzz Supreme Member

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    Don't touch the REP!


    From:
    Code:
    http://en.wikipedia.org/wiki/Telephone_recording_laws
    United States

    In the United States, federal agencies may be authorized to engage in wiretaps by the United States Foreign Intelligence Surveillance Court, a court with secret proceedings, in certain circumstances.

    Under United States federal law and most state laws there is nothing illegal about one of the parties to a telephone call recording the conversation, or giving permission for calls to be recorded or permitting their telephone line to be tapped. However, several states (i.e., California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington) require that all parties consent when one party wants to record a telephone conversation. Michigan has a similar rule: anyone who is a party to the conversation can record it himself, but a third party wishing to record the call must get the permission of all parties to the conversation. Many businesses and other organizations record their telephone calls so that they can prove what was said, train their staff, or monitor performance. This activity may not be considered telephone tapping in some, but not all, jurisdictions because it is done with the knowledge of at least one of the parties to the telephone conversation. The Telephone recording laws in some U.S. states require only one party to be aware of the recording, while other states require both parties to be aware. It is considered better practice to announce at the beginning of a call that the conversation is being recorded.

    There is a federal law and two main types of state laws that govern telephone recording:

    Federal law says that at least one party taking part in the call MUST be notified of the recording. (18 U.S.C. 119, Sec. 2511(2)(d)) This means recording a call you are not involved in is illegal throughout the U.S. UNLESS you are a business and the call is occurring on a phone line or extension you are paying for AND the employee has consented to be recorded, i.e. it is illegal to record the phone calls of people who come into your place of business and ask to use the phone unless they are notified.

    Two party notification states

    Twelve states currently require that BOTH or ALL parties to be notified of the recording. These states are:

    * California
    * Connecticut
    * Florida
    * Illinois
    * Maryland
    * Massachusetts
    * Michigan
    * Montana
    * Nevada
    * New Hampshire
    * Pennsylvania
    * Washington

    One party notification states

    All other states, and the District of Columbia, besides those listed above require one party consent just as federal law. There are certain exceptions to these rules. See full rules here. According to California court case Kearney v. Salomon Smith Barney, Inc. (July 13,2006) if you call from a one party notification state into California, then the two party notification law outweighs the one party notification law.

    The wiki also has info on other countries as well .....

    HTH .... :cool2:

     
  6. nbsweb

    nbsweb Junior Member

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    There is a technical way around this.

    :)

    Contact me and I will share. Don't want to list it here.. as this site is indexed.

    Keep in mind that also, there are companies that have devices that when you record a call they know.
     
  7. Celsius

    Celsius Registered Member

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    I would just use a skype account. I've done that and no matter what the law says when I've told them at the end of the call I recorded this call. They were very unhappy and said they would sue blah blah blah. It was a collection company that gave up my information with out making sure it was me. That's a 5K fine.
     
  8. KSoze

    KSoze Power Member

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    Every company I call starts with a recording saying , "this call may be recorded for customer service purposes..."

    I always reply to the recording by starting to record and my saying , "yes, I agree and am doing the same".
     
    Last edited: Oct 29, 2009
  9. mr.breakit

    mr.breakit Jr. VIP Jr. VIP Premium Member

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    there needs to be a beep for a certain pertion of a second every few seconds and you don't ahve to tell them I believe
     
  10. mr.breakit

    mr.breakit Jr. VIP Jr. VIP Premium Member

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    but I think that is for California
     
  11. birdiebob

    birdiebob Junior Member

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    depending on how far this may go , I have recorded conversations without their consent. even got so far as the courtroom on one, and played the recording for the other guys lawyers. They said it was not presentable as evidence, but the judge was amenable to listening. so that worked for me.
    record it . play it back to them if you can get them to admit to anything, good luck . the only way it worked for me to get them to admit they owed me money was to quote the amount they owed me incorrectly...then they corrrected the amount. give it a shot, what have you got to lose.
    you should share with the forum the company name if it is in cpa or such .
     
  12. freaky1718

    freaky1718 Newbie

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    I believe anything before notifying them that you are recording the phone call is not permissible in the court.
     
  13. blackhat50

    blackhat50 Regular Member

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    i would just do both, record all calls, then call back and inform them that your recording then do it again

    you may not be able to use it but shit laws change
     
  14. Kenneth1

    Kenneth1 Newbie

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    You also can record Phone calls using Skype. For record Skype you can try to use IMCapture for Skype.It's must be helpful to you.