Taping a speaker phone conversation

What is the name of your state (FL)?

I entered into a contract concerning a credit card machine. I was told by the sales person that while I could not cancel the contract though the company, I COULD cancel it through him at any time and he would cancel it through the company. The equipment never worked correctly and after several attempts for someone to fix it for me, (and several thousand dollars in lost sales) I finally boxed up the equipment and signed with someone else. The company started calling me demanding money. Eventually I was able to contact the original sales person who came and picked up the equipment and said he would cancel the contract with the company. However, I am now being sued by this company and I don't have anything to send them other than a couple of notarized statements from the 2 people that heard him say this, who are also related to me, proving the sales person said I could cancel it through him at any time. My question is: Can I legally record a speaker phone conversation with the original sales person to send to the attorney of this credit card company?

#1. You can always cancel something like this. Whether or not you can do it without penalty is a different matter.

2. What matters is the service agreement you signed. What does it say? It would override anything the salesperson allegedly said.

However, if you can prove that the product never worked properly and you made reasonable efforts to fix it without success I do not believe they would be successful in a lawsuit. If this is the case, tell them in writing you will not pay and to cease all contact with you. Their recourse would be to file a lawsuit. Make sure you monitor your credit and dispute the record if it shows up.

What makes you think the salesperson is going to admit now that you can cancel without penalty? If he really did say that at the time of the sale, and it turns out your service agreement says you cannot cancel without penalty, then he was either mistaken or lying to you to get a sale.

To directly answer your question, Florida requires consent of all parties to record. The fact that you put him on speakerphone is irrelevant.

swalsh411 said:

#1. You can always cancel something like this. Whether or not you can do it without penalty is a different matter.

2. What matters is the service agreement you signed. What does it say? It would override anything the salesperson allegedly said.

However, if you can prove that the product never worked properly and you made reasonable efforts to fix it without success I do not believe they would be successful in a lawsuit. If this is the case, tell them in writing you will not pay and to cease all contact with you. Their recourse would be to file a lawsuit. Make sure you monitor your credit and dispute the record if it shows up.

What makes you think the salesperson is going to admit now that you can cancel without penalty? If he really did say that at the time of the sale, and it turns out your service agreement says you cannot cancel without penalty, then he was either mistaken or lying to you to get a sale.

To directly answer your question, Florida requires consent of all parties to record. The fact that you put him on speakerphone is irrelevant.

Click to expand...

My store now has audio and video surveillance and i have signs posted to that effect. If I put him on speaker phone my audio will capture what he says.
And the salesperson has told me several times that he has faxed them the information to cancel my contract with them. They just haven't done it. Now, I can't prove he has done that but that is what hes telling me.

Isn't it illegal for him to lie to me to get a contract signed?

What part of "Florida requires the consent of all parties to record a telephone conversation" is not entirely clear to you?. Recording a phone call is a very different animal then recording a person who enters your store.

It doesn't really matter what the salesperson said. And besides you can't prove it anyway. What matters is the contract or agreement that you signed. Anything in writing supercedes anything the salesperson (allegedly) said.

Perhaps you should simply inform him that you are recording the call and make sure he acknowledges it.

did u send the equipment back? I would check and see if other vendors have had similar issues too ...