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herewegosteelers
03-09-2007, 05:01 PM
OK , I hope somone can answer this for me. I sell used cars, today at our company meeting the owner told us that he has been recording our phone converstions, when customers call in. Is that against the law? I always thought that you had to tell the person that they are being recored.

tony hipchest
03-09-2007, 05:07 PM
it probably depends on if you sell cars to middle eastern men.

Stlrs4Life
03-09-2007, 05:41 PM
You can contact a lawyer, I'm not sure, but should be illegal. Do you have anything to hide, or worry about?

herewegosteelers
03-09-2007, 06:03 PM
The owner is my brother, but he is a real ass most the time. I don't have anything to hide. But sometimes my boyfriend will call and I talk nasty to him. thats embarrasing.:smile:
To think that someone is listening is freaky. He says that he don't listen to them he has a guy from a company that sends him updates. I just feel its wrong.

Suitanim
03-09-2007, 06:05 PM
It's illegal. One of the two parties has to be aware they are being taped, and if you didn't know, and your customer didn't know, then, well, there ya go...

PisnNapalm
03-09-2007, 06:15 PM
It is illegal to record a conversation without both parties knowing. However court ordered wiretaps are legal.

Preacher
03-09-2007, 06:56 PM
It is illegal to record a conversation without both parties knowing. However court ordered wiretaps are legal.

Either this post...

It's illegal. One of the two parties has to be aware they are being taped, and if you didn't know, and your customer didn't know, then, well, there ya go...

Or this post is correct... either way, the customer MUST know about it. It is a wiretapping issue... and is definitely putting him in line for a lawsuit.

herewegosteelers
03-09-2007, 07:08 PM
Thanks guys. I am very upset about it along with alot of other employees here. Brother or not, he is wrong.

Suitanim
03-09-2007, 07:12 PM
The "Law of the land", or Federal Law allows the recording of conversations with one-party consent, and 38 states and the District of Columbia permit one-party consent. The 12 states requiring "all-party consent" are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

However, since Federal law supercedes state law, if it went before the Supreme Court, one party consent would rule.

PAMillerGrrl83
03-09-2007, 07:28 PM
I thought if the person was being recorded that there was like 3 beeps directly in a row.

Preacher
03-09-2007, 09:40 PM
The "Law of the land", or Federal Law allows the recording of conversations with one-party consent, and 38 states and the District of Columbia permit one-party consent. The 12 states requiring "all-party consent" are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

However, since Federal law supercedes state law, if it went before the Supreme Court, one party consent would rule.

But not even that is always true. Remember, Even though I consent to recording myself, I still have to tell you if I am recording our conversation. That is how the one chick got indicted and convicted in the Monica Lewinsky case... she taped Monica's conversation, without her consent. Thus, one party consent didn't matter.

klick81
03-10-2007, 11:15 AM
Either way, he's wrong. What an ass.

RoethlisBURGHer
03-11-2007, 12:41 PM
He's wrong...but if he's making sure that you are doing your job,I doubt a judge would care as long as privledged info (SS#,credit card #'s,addresses) aren't being given out.

Anyhow,when you're at work you aren't supposed to be talkign dirty to your boyfriend and the phone and your brother would have every legal right to probally tape-record your conversations if he chose to fire you.

Mosca
03-11-2007, 04:37 PM
There's something going on with Walmart about this. They can record phone conversations and read email if you signed their employment agreement that says all such information belongs to the company. Still, they fired the person who did the recording.

That being said, I doubt your brother has that agreement. Use your cell phone for talking to your boyfriend.


Tom

Livinginthe past
03-11-2007, 05:11 PM
I dont know how any of us can be sure.

At least, not without a full transcript of the questionable call itself - maybe then we could make a better judgement :sofunny:

NM

Stlrs4Life
03-11-2007, 09:06 PM
There's something going on with Walmart about this. They can record phone conversations and read email if you signed their employment agreement that says all such information belongs to the company. Still, they fired the person who did the recording.

That being said, I doubt your brother has that agreement. Use your cell phone for talking to your boyfriend.


Tom


Wouldn't put it past Wal-Mart. Perfect example why Unions are still needed!

BOXCAR JOEY
03-12-2007, 07:57 AM
Recording phone calls is not illegal in the state of new jersey. Both parties on the phone do not have to be informed that they are being recorded for company use.

In all honesty i say let it go because recording a call can help save your job.

klick81
03-12-2007, 09:23 AM
In all honesty i say let it go because recording a call can help save your job.


The problem here is that people are supposed to know it's being recorded. When i call my cell phone provider, they let me know that my call may be recorded.

lamberts-lost-tooth
03-12-2007, 10:04 AM
Arizona is a "one-party" state, ARS 13-3005.A(1)(2), and also permits a telephone "subscriber" (the person who orders the phone service and whose name is on the bill) to tape (intercept) calls without being a party to the conversation and without requiring any notification to any parties to the call, ARS 13-3012(5)(c).

This is the exception to the rule

What the federal law states is:The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.



A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

http://www.rcfp.org/taping/states.html



While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

States Requiring One Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming




States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington

HometownGal
03-12-2007, 10:26 AM
it probably depends on if you sell cars to middle eastern men.

He said cars, Tony, not camels. :wink02:

tony hipchest
03-12-2007, 10:32 AM
He said cars, Tony, not camels. :wink02:

:dang:

:yeehaw:

(any replies to this post may be recorded)

ARKIESTEEL
03-12-2007, 10:50 AM
I got in trouble for recording 1-900 #'s when I called them so I guess It would be the same for cars:sofunny: