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It is legal for me to record my own phone conversations (if I give myself my consent to do so!) and I have done so in a couple of cases where I feel it may be n
by mannykannot 3y ago
It is legal for me to record my own phone conversations (if I give myself my consent to do so!) and I have done so in a couple of cases where I feel it may be necessary to refer to exactly what was said. If I ever have any dealings with Tesla, it seems I should.
If the other party announces it may record your conversation "for quality assurance" or whatever excuse they offer, would that have you covered in jurisdictions requiring two-party consent? Whenever I am told that, I usually reply that I may do the same.
- olliej 3y agoThat's jurisdiction dependent - plenty of countries (and states) require all parties consent to recording.
- ShakataGaNai 3y agoCalifornia, aka Tesla HQ, is one of those "all party" states.
- mannykannot 3y agoThis is becoming moot, as it is almost impossible to contact any representative of a high-tech company by phone. If one of them calls you, that should probably alert your bullshit and dissembling detectors.
- giantrobot 3y agoIf their phone tree at any point states "this call may be recorded for quality control" you remaining on the call implies consent to recording. But it also implies consent of them being recorded by you because all parties have been notified of the recording.
- seanp2k2 3y agoIf anyone is curious: https://recordinglaw.com/party-two-party-consent-states/ https://recordinglaw.com/party-two-party-consent-states/
- hansvm 3y agoWhether it's legal to record your own phone conversations depends on a lot of things and isn't a given. At least one case comes to mind where their dashcam recorded video and audio of the mechanic taking their car for a spin and causing some damage, and the fact that it recorded audio got the owner in major hot water. To the point about recording notifications, I'm not sure, but the only potential sticking point that comes to mind is that it's a machine giving the notification rather than the people you'll be recording. Generally though, if two people are conversing and one says they'll record it then the other person is usually allowed to as well.
- lazide 3y agoIn most jurisdictions in seems to boil down to if there is an expectation of privacy. In the dashcam case, if there was an obvious warning saying it was recording audio, it probably would have been fine for instance. Same with the conversation thing - if everyone knows it’s being recorded, it’s generally fine.
- mannykannot 3y agoLogically (as if that had anything to do with it) if a mechanical notification from the first party is taken as securing de-facto consent from the second party to record any conversation that follows, and the first party is in a jurisdiction requiring two-party consent, the second party should be allowed to deduce that the first party has itself given consent for the conversation to be recorded.
- mannykannot 3y agoI don't know whether it applies in the case you mention, but being allowed to record does not generally come with a right to make public that conversation, or to protect one from libel or slander suits resulting from doing so.
- throwaway892238 3y agoJust put it in writing. If you want a record to be permanent, e-mail it. If somebody tells you something over the phone, e-mail them to say "I'm just confirming the details of our call, where you said X".
- fshbbdssbbgdd 3y agoDoes this work, if they don’t respond agreeing with your summary of the call?
- throwaway892238 3y agoDepends. If you can subpoena mail server records of read mail, that proves they read the mail. If they read it and didn't respond, somebody can argue in court that that was an implicit agreement, because if it was wrong, they could have replied and disagreed (you were asking for confirmation). But then again IANAL.
- jrflowers 3y ago[flagged]
- mgkimsal 3y agoyou likely already signed an initial agreement indicating that no changes could be made without written consent of both parties.
- jrflowers 3y agoIt’s fine, I pointed out in the email that the cash I totally gave him makes rent free for the next year
- CaptainZapp 3y agoThat's just silly but I bite. Apart from your email you probably also need to provide proof of payment. It's rather hard to enclose a check in an email.
- Animats 3y ago> It is legal for me to record my own phone conversations Varies with jurisdiction. Here's a chart for US states.[1] [1] https://www.mwl-law.com/wp-content/uploads/2018/02/RECORDING-CONVERSATIONS-CHART.pdf https://www.mwl-law.com/wp-content/uploads/2018/02/RECORDING...