Can I Record a VOIP Conversation in a 1 Party Notification State?

[truthisone]

What is the name of your state (only U.S. law)?

 

[BigMouthWino]

What is the name of your state (only U.S. law)?

Where is the other party located in a one or all party notification state?

 

[truthisone]

I'm in NY. The party is also in the same state which is one party notification.

 

[BigMouthWino]

I'm in NY. The party is also in the same state which is one party notification.

Record away.

 

[truthisone]

More Questions

1. What if I call up a toll free number, where I don't have an indication of what state I am speaking with and I even may be transferred to different calling centers in different states every time I speak to a different representative. However, at the beginning of the call a recording announced "This call may be monitored for quality assurance" or something similar. Am I allowed to record the call whether I am on a VOIP, cell, or land-line without disclosing, since the other party already knows that they are being recorded?

2. If I call a party from a two party state, would it be enough for me to simply play a similar computer generated "This call is being monitored for quality assurance" recording every time a new representative picks up for me to legally be able to record the conversation?

B. Google Voice has an option when you receive a call that forwarded through their service in which you can press a certain key, it will interrupt and say something like "This call is now being recorded," which both parties can distinctly hear. If the other party continues with the conversation does that constitute that the other party is willing to be recorded from that point forward?

C. Would I have to somehow get the computer notification to replay every time I'm transferred to another representative?

3. I know of one NY company that is surreptitiously recording my calls because one representative actually said so. This company is assuming just because my only phone number, which I do list as my primary or "Home" number (but I always disclose it is a cell phone if I'm asked and quite often if I'm not) has a NY area code that it is a land-line locate in state. When in actuality, it is a cell phone. And quite often I do travel to a 2 party state, but on caller ID my phone number is listed as coming from a NY area code. Wouldn't this company be committing a crime?

Many people I know no longer have a land-line and rely on their cell phones.


Sorry if this is involved and confusing, but I am quite intrigued at this point.

Thank you for the advice!

 

[quincy]

thread bump to get spam off main board

 

[truthisone]

What?

thread bump to get spam off main board

Was my post considered spam or was it moved?

 

[cbg]

If your post was considered spam, it wouldn't still be here.

 

[truthisone]

If your post was considered spam, it wouldn't still be here.

I apologize. I am confused by that previous post. Where will further replies (if any) be placed?

 

[TheGeekess]

I apologize. I am confused by that previous post. Where will further replies (if any) be placed?

Your post is fine. One of the fine members here bumped your post up to hide spam in other posts.

If there is any other answer to your question, it will be here.

Sorry for your confusion.

 

[quincy]

I apologize for the confusion caused by my post, truthisone. The forum has been overrun with spam postings recently. Because your thread is the most recent legitimate thread in this section of the forum, I wanted it on the main board instead of hidden by a slew of ads, so I "bumped" it to the top. Spam postings are deleted by the administrators here, but sometimes it can take awhile.

You need to be careful recording telephone or VOIP conversations, by the way, for the very reasons you outlined in your post. It is okay in a one-party state to record a conversation when you are a party to the conversation without telling the other party you are recording. However, many states are two-party states and you must not only be a party to the conversation but you must have the permission of the other party before recording the conversation. So you must be cognizant of where the call is being received before surreptitiously recording the conversation, or else you risk breaking the law.

Most businesses that call consumers with any regularity will have a recorded message that says a conversation will or may be recorded. The message is advance notice to the party receiving the call that what they say is being recorded, and the message notifiying of the intent to record the conversation gives the other party options - to object to the recording, to hang up or stop talking, or to continue talking with the knowledge that what is being said is being preserved. The recording notice protects the businesses from running into any legal problems should the call be received by a party in a two-party state.

If you intend to record a conversation, this type of advance notice before recording would be good for you to have.

There is rarely a good reason to surreptitiously record a conversation, anyway, unless you are in law enforcement.

Again, sorry for the confusion my first post generated.


(thanks for calling me "one of the fine members," TheGeekess )

 

[ecmst12]

There is rarely a good reason to surreptitiously record a conversation, anyway, unless you are in law enforcement.

And you have a warrent....

 

[truthisone]

Not law enforcement and don't have an intent to sue, just want what's fair.

I apologize for the confusion caused by my post, truthisone. The forum has been overrun with spam postings recently. Because your thread is the most recent legitimate thread in this section of the forum, I wanted it on the main board instead of hidden by a slew of ads, so I "bumped" it to the top. Spam postings are deleted by the administrators here, but sometimes it can take awhile.

You need to be careful recording telephone or VOIP conversations, by the way, for the very reasons you outlined in your post. It is okay in a one-party state to record a conversation when you are a party to the conversation without telling the other party you are recording. However, many states are two-party states and you must not only be a party to the conversation but you must have the permission of the other party before recording the conversation. So you must be cognizant of where the call is being received before surreptitiously recording the conversation, or else you risk breaking the law.

Most businesses that call consumers with any regularity will have a recorded message that says a conversation will or may be recorded. The message is advance notice to the party receiving the call that what they say is being recorded, and the message notifiying of the intent to record the conversation gives the other party options - to object to the recording, to hang up or stop talking, or to continue talking with the knowledge that what is being said is being preserved. The recording notice protects the businesses from running into any legal problems should the call be received by a party in a two-party state.

If you intend to record a conversation, this type of advance notice before recording would be good for you to have.

There is rarely a good reason to surreptitiously record a conversation, anyway, unless you are in law enforcement.

Again, sorry for the confusion my first post generated.


(thanks for calling me "one of the fine members," TheGeekess )

No apology needed Quincy. I just have very little knowledge of this area and I was worried I broke a forum rule or something. Spam is so rampant, so you must have your work cut out for you. Anyways, I was having a problem with a television provider company that was giving new no-contract members free premium channels and huge discounts to their first several bills. I called several months before my "newbie" status was about to end because I was erroneously overcharged a few dollars. Well, immediately the rep wanted me to change my plan to a contact and wisely I said no. Actually, I said no at least five times before the rep said "You have no choice, I'm changing your plan anyway." (Which was a blatant lie because I never committed to a contract and I took the time to read the fine print of the paperwork I did receive after I started the service.) Then the rep hung up.
After I lost about $50 in discounts and several months of free premium channels, I called again and the new rep didn't believe me, so I asked him to get a copy of the recorded conversation. The rep said said calls are only randomly recorded, bla bla bla and it took almost four hours on the phone (I was bored that day and doing chores while I was on speakerphone so I had time to kill) to rectify the problem. That's the main reason I was wondering about recording because I know if I was in the wrong they would find that tape in a heartbeat.
So if something like this ever happens again, could I just play a prerecorded message stating their line of "This call is being monitored for quality assurance," every time I'm transferred to a new rep, which is quit often?

Thanks again, oh wise one lol

 

[quincy]

No apology needed Quincy. I just have very little knowledge of this area and I was worried I broke a forum rule or something. Spam is so rampant, so you must have your work cut out for you. Anyways, I was having a problem with a television provider company that was giving new no-contract members free premium channels and huge discounts to their first several bills. I called several months before my "newbie" status was about to end because I was erroneously overcharged a few dollars. Well, immediately the rep wanted me to change my plan to a contact and wisely I said no. Actually, I said no at least five times before the rep said "You have no choice, I'm changing your plan anyway." (Which was a blatant lie because I never committed to a contract and I took the time to read the fine print of the paperwork I did receive after I started the service.) Then the rep hung up.
After I lost about $50 in discounts and several months of free premium channels, I called again and the new rep didn't believe me, so I asked him to get a copy of the recorded conversation. The rep said said calls are only randomly recorded, bla bla bla and it took almost four hours on the phone (I was bored that day and doing chores while I was on speakerphone so I had time to kill) to rectify the problem. That's the main reason I was wondering about recording because I know if I was in the wrong they would find that tape in a heartbeat.
So if something like this ever happens again, could I just play a prerecorded message stating their line of "This call is being monitored for quality assurance," every time I'm transferred to a new rep, which is quit often?

Thanks again, oh wise one lol

Sure, you could play a prerecorded message saying that the call is being, or may be, recorded - I don't know if you need the "quality assurance" in there, but it wouldn't hurt.

I have often responded to those prerecorded messages by telling the party on the line that I don't mind being recorded by them if they don't mind being recorded by me. A lot of people hang up on me.

As to your last statement, do I sense a touch of sarcasm there, truthisone?

 

[truthisone]

Sure, you could play a prerecorded message saying that the call is being, or may be, recorded - I don't know if you need the "quality assurance" in there, but it wouldn't hurt.

I have often responded to those prerecorded messages by telling the party on the line that I don't mind being recorded by them if they don't mind being recorded by me. A lot of people hang up on me.

As to your last statement, do I sense a touch of sarcasm there, truthisone?

Nope no sarcasm, than you very much