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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 09-22-2001, 07:14 PM
Nero874
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recording phone conversation


I live in Ohio.

I was having trouble with this long distance phone company - one of its representative gave us free minutes and then we were charged for those minutes. When I called, I recorded the phone conversation - I used a computer program and it recorded the conversation onto my computer through the modem. The guy I talked to said he would take care of everything and that I won't have to pay the bill. Recently, I've been getting bills again and the most recent letter is from a collection agency. I have proof that the guy said I won't have to pay and I can show that to the collection agency.

My problem is that I'm not sure if what I did was legal. I did not notify the guy I was talking that the conversation was being recorded since it might have scared him. Again, I live in Ohio and is recording the conversation legal without notifying the other party?

And if it is, should I give the the collection agency the phone conversation so that they know the bill is invalid?
  #2  
Old 09-22-2001, 08:56 PM
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Join Date: Jan 2000
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Posts: 38,191
Ohio
Ohio Rev. Code Ann. § 2933.52 (Anderson 1999): Intercepting, recording or disclosing the contents of a wire, oral or electronic communication if a person is a participant, or has obtained the consent of at least one participant, is legal unless it is accompanied by a criminal or tortious intent. Illegal interceptions are felonies and also carry potential civil liability for the greater of actual damages, $200 per day of violation or $10,000, along with punitive damages, attorney fees and litigation expenses. Ohio Rev. Code Ann. § 2933.65 (Anderson 1999).

The recording of cordless telephone conversations picked up, initially inadvertently, through a baby monitor without the consent of any party to the conversations was found to be an illegal interception of both an oral and wire communication by the state's highest court in 1994. Ohio v. Bidinost, 644 N.E.2d 318 (Ohio 1994).
  #3  
Old 09-24-2001, 09:26 PM
Nero874
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Since my intent wasn't criminal in nature, does that mean that the recorded phone conversation was legal? And do you think I should hand it over to the collection agency so they know the phone company promised to handle it?

Secondly, is there a website that states the laws of each state?
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