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Follow up question: What if I said "I am recording this call" while I am in an Automatic Voice Response system waiting for an human to arrive on the line and t

Follow up question: What if I said "I am recording this call" while I am in an Automatic Voice Response system waiting for an human to arrive on the line and talk to me? As far as I am concerned, human representative or the automated voice response system, both represent the company that I am interacting with. It's not my fault that the voice response system that the company used to talk to me (to answer my questions, or just make me wait) can't understand that I am going to record the call and act appropriately. The business is perfectly fine with using the automated system to take critical actions, then it should be fine with me telling it I will be recording the call, not my fault that their automated system failed to recognize that. What do you think?

emodendroket 9y ago
Well, when I used to work in a call center we were instructed to just keep repeating "I do not consent to your recording this call" or something to that effect until they said they stopped or they hung up.
KGIII 9y ago
Intent and reasonable expectations will come in to play. Unlike the movies, judges hate word games and attempts to skirt the laws. As in, they really frown on it. This is not legal advice and I'm not your lawyer. Consult a qualified legal representative in the appropriate jurisdiction.
- wpietri 9y ago
  Truth. I once happened to be in a hearing where the judge got the idea that the plaintiff's attorney might be jerking him around. It was an impressive display of wrath. Along with crocodiles and bears, federal judges are now on my "definitely do not fuck with" list.
  - KGIII 9y ago
    Playing semantics games is almost guaranteed to piss off the judge. Pissed off judges are not nice. It's a very long-winded story, so I will try for the short version. Courts default to being open to the public. You can go down and watch them. Chances are, you can even make use of a law library. Anyhow, this is sort of a hobby of mine. I know, I'm a strange person - but I love watching the court. Like I said, it's a long story. I think my favorite was a guy who was in district court and argued with the judge about the definition of marijuana and the word possession. Now, the judge was pretty polite and told them that they were trying to give them a very small fine. The kid persisted and had no idea about procedure. I mean, he could have argued those things but there's a procedure. Procedure is very, very important to judges. Seriously, they love proper procedure so much that they will even tell you what you need to do. She tried to explain this to the kid. But no, he persisted and tried to fake his way into appearing to be a legal scholar. Again, this was district court. Suffice to say, he kept going before finally admitting guilt and she gave him the maximum fine and just until the end of the day to pay that fine. At which point he decided it was time to double down and refuse to recognize the court - though not as one of those sovereign citizen things. I'm not sure what the end result was, but he was taken into custody by the court officers. The rest of the day went quite smoothly. The best part of this story? He had the chance to speak with the DA prior to this and the State provides an attorney of the day. He took advantage of neither one.
    - kchoudhu 9y ago
      It boggles my mind when people think they can out-talk people trained to parse semantics.

emodendroket 9y ago

Well, when I used to work in a call center we were instructed to just keep repeating "I do not consent to your recording this call" or something to that effect until they said they stopped or they hung up.

KGIII 9y ago

Intent and reasonable expectations will come in to play. Unlike the movies, judges hate word games and attempts to skirt the laws. As in, they really frown on it. This is not legal advice and I'm not your lawyer. Consult a qualified legal representative in the appropriate jurisdiction.

wpietri 9y ago
Truth. I once happened to be in a hearing where the judge got the idea that the plaintiff's attorney might be jerking him around. It was an impressive display of wrath. Along with crocodiles and bears, federal judges are now on my "definitely do not fuck with" list.
- KGIII 9y ago
  Playing semantics games is almost guaranteed to piss off the judge. Pissed off judges are not nice. It's a very long-winded story, so I will try for the short version. Courts default to being open to the public. You can go down and watch them. Chances are, you can even make use of a law library. Anyhow, this is sort of a hobby of mine. I know, I'm a strange person - but I love watching the court. Like I said, it's a long story. I think my favorite was a guy who was in district court and argued with the judge about the definition of marijuana and the word possession. Now, the judge was pretty polite and told them that they were trying to give them a very small fine. The kid persisted and had no idea about procedure. I mean, he could have argued those things but there's a procedure. Procedure is very, very important to judges. Seriously, they love proper procedure so much that they will even tell you what you need to do. She tried to explain this to the kid. But no, he persisted and tried to fake his way into appearing to be a legal scholar. Again, this was district court. Suffice to say, he kept going before finally admitting guilt and she gave him the maximum fine and just until the end of the day to pay that fine. At which point he decided it was time to double down and refuse to recognize the court - though not as one of those sovereign citizen things. I'm not sure what the end result was, but he was taken into custody by the court officers. The rest of the day went quite smoothly. The best part of this story? He had the chance to speak with the DA prior to this and the State provides an attorney of the day. He took advantage of neither one.
  - kchoudhu 9y ago
    It boggles my mind when people think they can out-talk people trained to parse semantics.