Lurch Adams
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I posted this is another forum and was just wondering what you all would think about this issue.

~~~

In the States, there are 'one party' states and 'all party' states. You can find yours in the wiki link below btw.

http://en.wikipedia.org/wiki/Telephone_recording_laws#United...

(Canada and a few other nations are listed as well if you scroll up/down. Canada appears to have the silly notion that if a corporation announces it will record a conversation for quality assurance purposes and the citizen then agrees to allow that recording for quality assurance purposes, then that's the only manner in which they can use that recording. Communists I tell ya.)

My state is an all-party state, and one time a company called and said they would be recording the conversation and was I alright. I replied that was fine and that I would be recording it as well. The operator then said she could not continue if I recorded it. lol, huh.

Anyway, if the law states that both sides must agree to allow the conversation to be recorded and if I agree to the other party recording the conversation, then for purposes of the law both parties have agreed to allow the conversation to be recorded. In this case, can I record the conversation without even asking or mentioning it?

1) they consented to a recording when they asked or stated they would record it
2) I consented when I replied ok

= all party consent, correct?

What do you folks think?
 
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Damian
United States
Enfield
Connecticut
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I think you would find yourself in trouble in all party states. Consent for one person to record a call is not consent for another person to do so.
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Lurch Adams
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damiangerous wrote:
I think you would find yourself in trouble in all party states. Consent for one person to record a call is not consent for another person to do so.


That's what I thought at first too, but that's not true as it turns out, at least not in my state's case.

Here is the paragraph pertaining to this law directly from the state govt website:

3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
 
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Ken
United States
Crystal Lake
Illinois
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I am not a lawyer, so reading the below isn't on me if you do something stupid. If you want to know for your state, talk to a lawyer.

I cover communications technologies with a heavy emphasis on call/contact centers, switchboards, etc. This includes recording system for safety, compliance, and the typical quality management stuff. States that require consent usually require consent, end of discussion. If you record the call and you don't have it, you are almost certainly in violation of the law. If that becomes material in some fashion, then you could face whatever legal consequences are involved in that state. The fact that the person you were talking to not only didn't consent, but denied you consent would very likely even take out any "passive" rules that you'll find around (once you know one person is recording with consent, anyone can).

So in your scenario, you consented and they didn't. So they can record and you can't. Note that you can withdraw your consent in just about every state and they're required to stop recording when you do.

But the reality is, talk to a lawyer. What should be black & white is usually some odd shade of taupe with strange green polka dots the moment even one tiny thing changes. Which is precisely what I do when a client asks me about recording - "What do your lawyers say?"
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Boaty McBoatface
England
County of Essex
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I would argue they are agreeing that they record it, not that you can.

If I agree to pop round your house for a cup of tea (and you agree) that is not a tacit agreement of reciprocity.

 
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