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Illegal phone recording?

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mgmkitty

Member
What is the name of your state? California
My husband works at a music store. The owner of the store told the employees he would be recording random phone calls, and listening in on their phone calls with customers for training purposes, and they are not to tell customers they are being recorded or listened to. Whenever I call my husband, in the middle of our conversation, I'll hear the boss hang up the phone. Isn't that illegal? Can he get away with not only listening and recording people without their knowledge, but listening and recording personal phone calls? Fine, I know he's there, but customers don't.
 


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gottaask

Guest
If you don't mind a 'guess'

I'd vote for "illegal". Lordy, he must be a real a$$!

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mgmkitty

Member
another problem

You have no idea. My bigger problem is in the Arrests section of Criminal law - Subject: 'Friend getting railroaded'. This also involves this same boss. Really need advice on that one.
 
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hexeliebe

Guest
Sorry gottask, but this practice is perfectly legal. The business owns the phones and can do with them as they wish. As an employee you can be subject to searches, to monitoring and other types of surveillence if so desired.

Federal law also permits businesses to monitor phone calls that are business related when the monitoring is part or the ordinary course of business.

If the phone calls are only being listened to, then no that is not illegal and no notice must be given the customer. However, since Illinois is a two-party state, if a recording is being made notice must be given.

Normally, a business that records such calls will have a tape-recorded message such as "this call may be recorded for training purposes..."

The rule here is, if it's personal keep it out of the workplace.
 

mgmkitty

Member
ok first - this is not Illinois..it's California!
second - my question simply was is it illegal to record and/or listen to phone calls without the customer knowing about it?
 
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hexeliebe

Guest
California is also a two-party state.

And I answered the rest of your question above.
 
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gottaask

Guest
hexeliebe said:
Sorry gottask, but this practice is perfectly legal. The business owns the phones and can do with them as they wish. As an employee you can be subject to searches, to monitoring and other types of surveillence if so desired.

Federal law also permits businesses to monitor phone calls that are business related when the monitoring is part or the ordinary course of business.

If the phone calls are only being listened to, then no that is not illegal and no notice must be given the customer. However, since Illinois is a two-party state, if a recording is being made notice must be given.

Normally, a business that records such calls will have a tape-recorded message such as "this call may be recorded for training purposes..."

The rule here is, if it's personal keep it out of the workplace.

Darnit! Oh well, I learn something new here everyday.

Hollywood & San Francisco? Have you been to Redondo Beach lately???? :eek:



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