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automated greetings and "consent"?

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trustknow_1

Junior Member
What is the name of your state? Colorado

Regarding one/both party consent to record phone conversations:

Many companies have that obnoxious recorded "greeting" when they answer your call which includes a version of :

"This call may be monitored or recorded for training purposes and to insure better service,yakity yak.."

My question is how does that recorded greeting affect "consent".

Example 1: Colorado is one party consent. Calls within state between two parties can be taped by either party.

Example 2: I call from Colorado to another state that has both-party consent law. I get the goofy "notice of monitoring" company recording that plays upon answering prior to a live person talking. How does that qualify regarding consent status? Does that complete the two-party consent for them? What if I tell the live person that I do not consent to the recording when she answers after the recorded greeting?

Example 3: Same scenario only reversed. Company from 2-party consent state calls me in Colorado. Upon answering phone, I immediately say...Please be advised all calls to this number are recorded... Hello, this is (my name). This actually happened during some harrassing collection calls from a Creditor during a disputed charge.(which I won) Anyway a couple of those mental midgets went off on me about it being illegal for me to record them. I replied calmly that I record every call to my number and will continue. They eventually quit because of documentation I had, but I am curious how this would have played out if it went to court and I had the tapes.?

I am familiar with the basic consent laws and tendency to favor law in the two-party state,etc. My curiousity is focused on those recorded messages companies play before they answer.?
*************

Thanks in advance, "I appreciate your reply,but all of my brain cells are busy right now helping myself concentrate, your reply is important to me,so please stay online, and my next available brain-cell will be right with you..." lolWhat is the name of your state?
 


Rexlan

Senior Member
Since you are informed about the consent laws then you already know that those statutes deal with one party not knowing about the recording, i.e. without their consent.

In your case you obviously know about the recording and if you do not consent to the conversation being recorded then you need to hang-up. If you do not hang-up, then you have consented to the recording.
 

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