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Most of the automated call centers tell you the conversation may or will be recorded prior to getting a human. I would assume this would be de facto consent for
by HelloMcFly 11y ago
Most of the automated call centers tell you the conversation may or will be recorded prior to getting a human. I would assume this would be de facto consent for you to record the conversation, yes?
Not that there's much reason to not just state it outright, but I'm curious whether I have to give notice that I'm recording a conversation if notice of recording has already been given to me.
- eridius 11y agoThe laws on whether you're allowed to record conversations and whether you have to inform the other party vary from state to state. It's reasonable to expect that if the other party informs you that they're recording it, it's probably safe for you to record it too, but it's worth checking up on your local state's laws.
- mgkimsal 11y ago> "The laws on whether you're allowed to record conversations and whether you have to inform the other party vary from state to state" When I call up a company and they say the call may be recorded... they've just given me permission to record the call.
- chipperyman573 11y ago>When I call up a company and they say the call may be recorded... they've just given me permission to record the call. No. "Some states currently require that all parties consent to the recording: California,[18] Connecticut,[19] Florida,[20] Hawaii (in general a one-party state, but requires two-party consent if the recording device is installed in a private place),[19] Illinois (debated, see next section), Maryland,[21] Massachusetts[19] (only "secret" recordings are banned[22]), Montana (requires notification only),[23] Nevada,[24] New Hampshire,[25] Pennsylvania,[26] and Washington (however, section 3 of the Washington law states that permission is given if any of the parties announces that they will be recording the call in a reasonable manner if the recording contains that announcement).[27]" https://en.wikipedia.org/wiki/Telephone_recording_laws#United_States https://en.wikipedia.org/wiki/Telephone_recording_laws#Unite...
- akshatpradhan 11y ago>When I call up a company and they say the call may be recorded... they've just given me permission to record the call. >No. Ok, well then when you get a Call Center rep on the phone, tell them that this phone conversation may be recorded.
- mapt 11y agoI'm a lot less sure based on this reading than you. The machine tells the caller that the call will be recorded. The caller stays on the line. Both parties have just consented to have the call recorded. They have not spoken about the disposition of that recording, but they're fully aware that this is no longer a completely private conversation. As far as I can tell, there's no need for a second consent to have the call recorded on / copied to server 25126B and also server 952C... and so there should also be no need for an additional consent to have the call recorded on the caller's home PC.
- mgkimsal 11y agoWhat defines "consent"? If they're telling me the call may be recorded, they're telling me I may record the call. They've given explicit permission to me to record the call by telling me I may. Whether they choose to record it themselves, they've given themselves that option, and let me know it might happen. If I don't want to be recorded, I can hang up. Likewise, if they don't want to be recorded, they can hang up. Carrying on knowing what is happening after you've been informed of something seems to be about as consensual as it can get.
- matt_wulfeck 11y agoI thought about this but wasn't sure. Since my state requires two-party consent I decided to play it safe.