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MasterCaneman -> RE: advice needed on bill collector calls (6/11/2013 7:43:26 PM)
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quote:
ORIGINAL: DaddySatyr
I always switch to my leching old man voice and ask: "What are you wearing, snookums?" That usually ends the calls.
I just got a new number, a couple of months ago so, I am going through the same thing. Unlike a lot of people, I use my home (hardwired) phone for just about everything.
As far as recording calls; to the best of my knowledge, it's completely legal for you to record your own phone.
Peace and comfort,
Michael
Not in every state, you have to remember that. From Wikipedia (I know, I know):
...In the United States, federal agencies may be authorized to engage in wiretaps by the United States Foreign Intelligence Surveillance Court, a court with secret proceedings, in certain circumstances.
Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. ยง2511(2)(d)). For example, it would be illegal to record the phone calls of people who come into one's place of business and ask to use the phone, unless they are notified. Several states (e.g., California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington) require that all parties consent when one party wants to record a telephone conversation. Many businesses and other organizations record their telephone calls so that they can prove what was said, train their staff, or monitor performance. This activity may not be considered telephone tapping in some, but not all, jurisdictions because it is done with the knowledge of at least one of the parties to the telephone conversation. The Telephone recording laws in some U.S. states require only one party to be aware of the recording, while other states require both parties to be aware. It is considered better practice to announce at the beginning of a call that the conversation is being recorded.
There is a federal law and two main types of state laws that govern telephone recording:
Twelve states currently require that all parties consent to the recording. These states are:
California[18]
Connecticut [19]
Florida[20]
Hawaii (in general a one-party state, but requires two-party consent if the recording device is installed in a private
place)[19]
Illinois (debated, see next section)
Maryland[21]
Massachusetts [19]
Montana [22] (requires notification only)
Nevada [19]
New Hampshire[23]
Pennsylvania[24]
Washington[25]
One-party notification states
All other states (and the District of Columbia) not listed above require only that one party consent.
Illinois courts have ruled that "eavesdropping" only applies to conversations that the party otherwise would not have been able to hear, thereby effectively making it a one-party consent state.[26][27] However, there still appears to be confusion[28] and debate[29] over the law.
If a caller in a one-party state records a conversation with someone in a two-party state that caller is subject to the stricter of the laws and must have consent from all callers (Cf. Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 (2006)[30]).
Accepted forms of notification for recording by a telephone company
The FCC defines[31] accepted forms of notification for telephone recording by telephone companies as:
Prior verbal (oral) or written consent of all parties to the telephone conversation.
Verbal (oral) notification before the recording is made. (This is the most common)
An audible beep tone repeated at regular intervals during the course of the call.
Note that the law re: verbal is not worded "consent" but "notification".[31]
For numerical references go here.
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