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Legal Q? "this call may be monitored or recorded..."

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neonplaque Donating Member (204 posts) Send PM | Profile | Ignore Tue Nov-16-04 01:38 AM
Original message
Legal Q? "this call may be monitored or recorded..."
When calling 'customer' service of any company, most announce some disclaimer along the lines "this call may be monitored or recorded for quality purposes".

As they have already acknowledged that the call "may be recorded", can I record the call and will my recording hold up as evidence in a court of law?
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aliberalpricking Donating Member (8 posts) Send PM | Profile | Ignore Tue Nov-16-04 01:53 AM
Response to Original message
1. Who knows?
Depends if the judge is liberal enough or too conservative. When I get them calls I always say back " I'm taping this call onto my hard drive for quality assurances". I've gotten protests, but it is fun to turn the tables. they are usually afraid to hang up or say anything.
there are a couple of free law sites where you can ask a question and wait for a reply. It, the law, varies state to state.
Just call your state office building with a what if question. It's most likely you want the Office of the Attn. General.
Creepy name, but nothing like an asshcroft.
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gerrilea Donating Member (610 posts) Send PM | Profile | Ignore Tue Nov-16-04 02:00 AM
Response to Original message
2. Depends on the State you live in and their regulations...here in...
NY our law states that one person must be aware of the recording that is occurring...so...If I know I'm taping a conversation it's legal...and to be used in court...that's something different...

If you have the tape transcribed...the transcription can be used as your statement of facts... generally they can be used...if the taping is not done by the police or government without a court order...oh wait...Patriot has changed that I think... might want to check it out online.

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realisticphish Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-16-04 02:04 AM
Response to Original message
3. as far as i know
as long as one of the two parties involved with a phone call approves, a call can be recorded. so you could do it, even without their disclaimer. but dont trust me on that

:hippie: The Incorrigible Democrat
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