Tuesday, August 11, 2009

Do I Have To Have Permission To Record A Telephone or Cellphone Conversation? What is the difference between notification and permission?


The following was added last night to the FIXYOURTHINKING reference:

Recording Phone Call Laws By State

There is no such thing as phone call recording PERMISSION or AUTHORIZATION ...

Note that the law is specifically 1 or 2 party NOTIFICATION. No one can deny you the right to record a phone conversation IF you properly notify them and follow the law within your state.

Recently, I received a phone call from a debt collector. This debt collector refused to listen to me and kept interrupting me ... I started recording the phone call. I asked her "what state she was calling from" ... she refused to tell me (A creditor rules violation) ... I looked on my iPhone - it said Carrolton, Texas. Texas is a one party notification state. Although I did not have to inform her she was being recorded; I did. She stated, "I do not give you permission to record this conversation."

Understand a few facts about this conversation and a few very common myths:

1) If you are in a one party state and the other person online is in a one party state - you do not have to inform them they are being recorded. You knowing that you are recording, qualifies as the one party notification. This is not an interpretation of the law. IT IS THE LAW!

2) If you are being recorded, you have the right to record the conversation AS LONG AS you follow the laws of your state.

3) There is no such thing as "permission to record" - continuing a conversation IS permission by the other party. If the other party continues the conversation after your notifying them that you are recording - they are granting you the right to record. PERIOD. Again, this is not an interpretation of the law. IT IS THE LAW!

You may have OTHER rights if the other party "claims" you do not have permission to record a phone conversation (Particularly if they are a creditor, law enforcement officer, or attorney*). Many people, especially law enforcement and creditors, PRETEND to know the law regarding recording of phone calls. Often, they THINK phone call recording and face to face recording are the same. It is not. There are specific laws governing each. Phone call recording happens to be very concrete.

Please also know that it is your RIGHT to request (properly and politely) for any recording a company/attorney may have of you and they are required by law to make it available to you. Note that this doesn't mean they are required to make convenient for you to have the recording. The other party is also not required to give it to you any form that you request. As an example, you cannot request a CD, tape, or email. It is up to the other party to determine what "form" they will provide the recording. A general rule of thumb is 30 days from a WRITTEN request.

* You may want to request dismissal in court, dismissal of debt collection, and/ or sanctions if a person claims you do not have a right to record. Seek out a good attorney for further instruction.

* Feel free to refer anyone to the reference you are reading for clarification


A Reference For Harassing Phone Calls From Debt Collectors

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