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Can You Record a Call if the Caller is Monitoring the Call for Training Purposes

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  • 12-29-2016, 01:23 PM
    travas
    Can You Record a Call if the Caller is Monitoring the Call for Training Purposes
    My question involves a consumer law issue in the State of: Michigan... When i called a major company i was informed before the call that it may be monitored for quality and training purposes. I know that Michigan is a two party consent state. My question is with the company informing me that the call may be recorded, am i required to inform them that i am recording the conversation as well?
  • 12-29-2016, 01:37 PM
    Taxing Matters
    Re: This Call May Be Monitored for Training Purpouse
    Quote:

    Quoting travas
    View Post
    My question involves a consumer law issue in the State of: Michigan... When i called a major company i was informed before the call that it may be monitored for quality and training purposes. I know that Michigan is a two party consent state. My question is with the company informing me that the call may be recorded, am i required to inform them that i am recording the conversation as well?

    Yes. You need the consent from all parties for your recording, just as they need consent from all parties to do their recording.
  • 12-29-2016, 02:35 PM
    travas
    Re: This Call May Be Monitored for Training Purpouse
    Quote:

    Quoting Taxing Matters
    View Post
    Yes. You need the consent from all parties for your recording, just as they need consent from all parties to do their recording.

    thank you for your reply, after submitting first question i spoke to the company again. The company did inform me that they were recording the call and i replied that i understood and was also recording the call. I was told that she does not consent to me recording but will still be recording on their end. If she knows that she is consenting to a recording by her company and i also consent that the call is being recorded by them, can she still tell me that she does not consent that i record on my end? I live in Texas...

    thank you for your reply, after submitting first question i spoke to the company again. The company did inform me that they were recording the call and i replied that i understood and was also recording the call. I was told that she does not consent to me recording but will still be recording on their end. If she knows that she is consenting to a recording by her company and i also consent that the call is being recorded by them, can she still tell me that she does not consent that i record on my end? I live in Texas...
  • 12-29-2016, 02:42 PM
    Taxing Matters
    Re: This Call May Be Monitored for Training Purpouse
    Quote:

    Quoting travas
    View Post
    If she knows that she is consenting to a recording by her company and i also consent that the call is being recorded by them, can she still tell me that she does not consent that i record on my end? I live in Texas...


    Yes, she can still tell you that she does not consent to your recording of the conversation even though her company is recording the conversation. You are then free to terminate the call and use other means, like mail, to communicate with the company.
  • 12-29-2016, 02:48 PM
    Mr. Knowitall
    Re: Can You Record a Call if the Caller is Monitoring the Call for Training Purpouse
    Michigan's court of appeals has held that Michigan is a one party consent state. See Sullivan v. Gray, 117 Mich.App. 476, 481, 324 N.W.2d 58 (1982); Lewis v LeGrow, 258 Mich App 175, 185; 670 NW2d 675 (2003). Unless and until the state amends its law, or the Supreme Court rules to the contrary, those cases are binding state-wide. Thus, in Michigan, any person who is participating in a conversation may legally record the conversation.

    However, as this recording is going to be made in Texas, that state's laws govern the act of recording.
  • 12-29-2016, 03:54 PM
    adjusterjack
    Re: This Call May Be Monitored for Training Purpouse
    Quote:

    Quoting travas
    View Post
    thank you for your reply, after submitting first question i spoke to the company again. The company did inform me that they were recording the call and i replied that i understood and was also recording the call. I was told that she does not consent to me recording but will still be recording on their end. If she knows that she is consenting to a recording by her company and i also consent that the call is being recorded by them, can she still tell me that she does not consent that i record on my end? I live in Texas...

    Texas is a one party consent state. Since you are in Texas you may record conversations with anybody anywhere without seeking consent or revealing that you are making the recording as long as the recording is only for use in Texas or in other one party consent states as you would be confessing to a crime if you tried to use the recording in an all party consent state where it's illegal.
  • 12-29-2016, 04:23 PM
    Taxing Matters
    Re: This Call May Be Monitored for Training Purpouse
    Quote:

    Quoting adjusterjack
    View Post
    Texas is a one party consent state. Since you are in Texas you may record conversations with anybody anywhere without seeking consent or revealing that you are making the recording as long as the recording is only for use in Texas or in other one party consent states as you would be confessing to a crime if you tried to use the recording in an all party consent state where it's illegal.

    No, you may not make the recording if the other party is in a two party state as you may commit a crime by doing that, as the latter part of your response seems to acknowledge. Using that recording in Texas would not work if the opposing side points out that the recording violated the law of another state. In general, illegally obtained recordings are not admissible.

    Quote:

    Quoting Mr. Knowitall
    View Post
    Michigan's court of appeals has held that Michigan is a one party consent state. See Sullivan v. Gray, 117 Mich.App. 476, 481, 324 N.W.2d 58 (1982); Lewis v LeGrow, 258 Mich App 175, 185; 670 NW2d 675 (2003). Unless and until the state amends its law, or the Supreme Court rules to the contrary, those cases are binding state-wide. Thus, in Michigan, any person who is participating in a conversation may legally record the conversation.

    And so far it appears that the relevant definition that the court analyzed to reach that conclusion has not been amended since those opinions were issued. The court’s parsing of the language of the statute is interesting and not a reading I think I would have reached had I been on the appellate panel.
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