Question about recording phone calls- Anyone?

[lady raven]

I was hoping someone could answer this question for me: Due to several incidents of services not being cancelled as requested and the companies continuing to bill me, I have started recording all phone calls to these sorts of entities. I have researched as thoroughly as I can the legalities of call recording, and the only way I feel I can be more informed about the issue is to talk to an attorney. Unfortunately, I cannot afford to hire an attorney to answer this question, so I was hoping someone here would know and can help.

Some background- I am in Oklahoma, a one party state (although I am aware that the rules of a two party state take precedence). My recorder emits a beep periodically (in accordance with FCC rules) during the recording. I always either ask a person's permission if required or inform them.

I called "Acme" today, whose hold spiel includes, several times, "This call may be monitored or recorded ". I was merely calling to cancel my service and I wanted to have a record that it had been done in case there were any problems. Since I was recording the call, I informed the CSR that I was doing so. She completely freaked out and started saying rapidly "I am not giving you the right to record me", "You can't record me without my permission", and "Stop recording me".

I asked to speak with her supervisor. She placed me on hold for nearly 5 minutes, saying she was getting her supervisor, asking me why I wanted to speak with a supervisor, and came back herself (no supervisor), very belligerent this time, stating that her supervisor said I CANNOT record her and that if I don't stop recording they will take legal action against me. She was actually very nearly yelling at this point.

I informed her that, unfortunately, if the call proceeded it would have to be recorded, so I would have to terminate the call. I did terminate the call and I did erase the recording "just in case".

However, It has been my understanding that if "Acme" plays to me the recording warning that that statement gives ME the right to record calls to them as well. I do not have the option of telling "Acme" that I don't want to be recorded. Proceeding with the call is, as I understand it, implied consent.

Doesn't their recording statement give me the right to record as well, regardless of the wishes of the customer service person? I want to know for sure before I call "Acme" back, because I DO need to record my call with them in case the cancellation "mysteriously" doesn't go through like it has before with my cable company, AOL, People PC, and so many others.

Please- if you know the law on this, it sounds like I could use a crash course.

[Traveling_Home]

1. Depends on the State

In some states both parties have to be aware when you or they record. In some states only one party has to know - You.

http://www.callcorder.com/phone-recording-law-america.htm

[lady raven]

4. Thank you very much :-)

:-)

[AndyA]

2. I talked to an Oklahoma attorney about this. Here's what they said:

You do not need the other party's permission to record them. Their only option other than being recorded is to end the call. They cannot record you and then refuse to allow you to record the conversation as well.

This attorney suggested you inquire as to how you obtain a transcript of your recorded conversation with them from them. Will they send it to you? If not, he said you do NOT need their permission. They are not getting your permission to record, so they cannot place burdens on you that they themselves do not share.

He said you might get in trouble if you published the recording on the Internet or You Tube, telling people how bad their customer service is, but as long as you use it to protect your own interests in a business relationship with this company, you are entitled to record the conversation just the same as they are.

Hope this helps.

[lady raven]

3. This helps a lot!

Thank you so much!

[LiberalFighter]

5. When you have qualms about whether they will stick you...

You should ask for the name of the person you speak with noting the date and time

[formerfed]

6. It Does Depend on State

Most states have the one consent law. Meaning one of you has to know they are taping, or being taped.

Here is a link.

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