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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Kearne » Fri Jan 16, 2015 8:40 am

...so what if we were to interpret that as permission to do the recording ourselves? Of course that's not what the corporation intended, but surely it is a justifiable literal interpretation. Isn't it?Now, if your answer to the previous question was that it does constitute permission, then what are the limits on what we can do with the recording. Can we quote it verbatim? Could we turn it into a podcast?Unlike those who love to flirt with the possibility of lawsuits, I'd rather stay out of court unless I have a really good chance of winning. But, boy, would I love to expose some of the near fraud and outright mendacity that I encounter.
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Lion » Fri Jan 16, 2015 10:55 am

tjs, regarding your answer "Yes and No!": So, let us say we are both in a two-party consent state and the answering message is that the call may be recorded. Does this constitute consent before the fact? Naturally if I am doing the recording I am consenting to it. So if the other party answered the phone by saying the call may be recorded, shouldn't that meet the criteria for two-party consent? After all, if you call me and I pick up the phone and say "By the way, go ahead and record this call if you like" that would surely be seen as consent. So what is it when the customer service automated answering system says it may be recorded. It never says by whom, after all. It doesn't say "We may record but you may not."I'd love to see this one debated.Looking forward to further discussion...
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Cochlain » Fri Jan 16, 2015 8:53 pm

NanoNano said: 1 I think you are within your rights to record any phone call you participate in as well, as long as you acknowledge it before the discussion begins... 84 months ago
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby macquaid35 » Fri Jan 16, 2015 9:40 pm

BG124C41 said: 2 tjs, regarding your answer "Yes and No!": So, let us say we are both in a two-party consent state and the answering message is that the call may be recorded. Does this constitute consent before the fact? Naturally if I am doing the recording I am consenting to it. So if the other party answered the phone by saying the call may be recorded, shouldn't that meet the criteria for two-party consent? After all, if you call me and I pick up the phone and say "By the way, go ahead and record this call if you like" that would surely be seen as consent. So what is it when the customer service automated answering system says it may be recorded. It never says by whom, after all. It doesn't say "We may record but you may not."I'd love to see this one debated.Looking forward to further discussion... 84 months ago
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Zeusef » Fri Jan 16, 2015 10:01 pm

I think you are within your rights to record any phone call you participate in as well, as long as you acknowledge it before the discussion begins...
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Cuarto » Sat Jan 17, 2015 12:32 pm

jbfletcherfan said: 3 I'd say anything you say over your own phone, you're entitled to record. The last time I heard the statement that the call may be recorded, it was when I called HP. I thought "I hope you DO record this!" Especially after me asking this Indian operator TWICE to transfer me to someone I could understand. I wish they'd review that one! I was mad when I called in the first place, but I was livid by the time I hung up. 84 months ago
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Ernestino » Sun Jan 18, 2015 7:58 am

Yes and No! I?ve always thought it was illegal to record a call without permission of the other party. But it?s not so simple.  . States have mostly adopted the Federal law. Generally it goes like this. Recording is okay if at least one party agrees to the recording. But....consent is not the same for all the states. There are two types of consent:  . One party consent All party consent . One party consent is where at least one party to the call is aware that a recording is being made.     "Only one party consent is required in thirty-seven states and the District of Columbia; this means that you are allowed to record conversations which you are party to without informing the other party"   "All-party consent involves notification that the phone call is being recorded. This may be verbal notification or in the form of an intermittent beep that both parties on the line can hear. Twelve states in the United States require all party consent, whereas most states have only one-party consent. If the telephone call recording is on an interstate level, make sure you follow the regulations of both states."   . Federal law allows recording of telephone calls if at least one party to the call consents.  . For an in dept analysis and a listing of the States permitting one or the other consent, go to: .  http://www.callcorder.com/phone-recording-law-america.htm#The%20US%20Federal%20Law .  Other sources: .  http://www.telephonecallrecorder.com/Legality_Of_Phone_Call_Recording.php . Wire tapping is illegal in all states and by Federal law. Wire tapping is where none of the parties to the call are aware that the call is being recorded. Exceptions can only come by Court order.                     Geppetto 84 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Sayre » Mon Jan 19, 2015 2:09 am

I?ve always thought it was illegal to record a call without permission of the other party. But it?s not so simple.  . States have mostly adopted the Federal law. Generally it goes like this. Recording is okay if at least one party agrees to the recording. But....consent is not the same for all the states. There are two types of consent:  . One party consent All party consent . One party consent is where at least one party to the call is aware that a recording is being made.     "Only one party consent is required in thirty-seven states and the District of Columbia; this means that you are allowed to record conversations which you are party to without informing the other party"   "All-party consent involves notification that the phone call is being recorded. This may be verbal notification or in the form of an intermittent beep that both parties on the line can hear. Twelve states in the United States require all party consent, whereas most states have only one-party consent. If the telephone call recording is on an interstate level, make sure you follow the regulations of both states."   . Federal law allows recording of telephone calls if at least one party to the call consents.  . For an in dept analysis and a listing of the States permitting one or the other consent, go to: .  http://www.callcorder.com/phone-recording-law-america.htm#The%20US%20Federal%20Law .  Other sources: .  http://www.telephonecallrecorder.com/Legality_Of_Phone_Call_Recording.php . Wire tapping is illegal in all states and by Federal law. Wire tapping is where none of the parties to the call are aware that the call is being recorded. Exceptions can only come by Court order.                    
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Denzil » Mon Jan 19, 2015 3:12 pm

Geppetto said: 4 When the party you're calling has a recorded message that "....this call may be recorded..." you must object or your silence becomes "implied consent". The fact that you are recording too is not implied consent. Your silence is implied consent. I think, then, if you "consent with your silence" then both parties may record. 84 months ago
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We Often Hear The Customer Service Robot Tell Us "this Call May Be Recorded For Training Or Quality Control." So...

Postby Arkwright » Mon Jan 19, 2015 8:04 pm

When the party you're calling has a recorded message that "....this call may be recorded..." you must object or your silence becomes "implied consent". The fact that you are recording too is not implied consent. Your silence is implied consent. I think, then, if you "consent with your silence" then both parties may record.
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