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  1. #1
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    Default Recording a Conversation That the Other Party is Recording but Doesn't Know You Are

    My question involves civil rights in the State of: California.
    So, since companies record phone calls between me and their tech support and they inform me of it, would it be legal for me to record our conversations without me telling them. From what I've read, it says that all parties must have knowledge of being recorded, but if they're already being recorded by their own company, can I do it too?
    Thanks!
    Greg

    P.S. Sorry if this is the wrong forum. It seemed like the best fit since it's sort of a civil right.

  2. #2
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    Default Re: Recording a Conversation That the Other Party is Recording but Doesn't Know You A

    So, since companies record phone calls between me and their tech support and they inform me of it, would it be legal for me to record our conversations without me telling them. From what I've read, it says that all parties must have knowledge of being recorded, but if they're already being recorded by their own company, can I do it too?
    they would not be aware YOU are recording it. You must show they had knowledge of you recording it.

  3. #3
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    Default Re: Recording a Conversation That the Other Party is Recording but Doesn't Know You A

    If I told them I was recording it, do you think would they care? I've just gotten tired of companies saying "No, we never made that promise to you!"

  4. #4
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    Default Re: Recording a Conversation That the Other Party is Recording but Doesn't Know You A

    Quote Quoting Ferrari353
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    If I told them I was recording it, do you think would they care? I've just gotten tired of companies saying "No, we never made that promise to you!"
    If they have a problem with it, I suspect they will terminate the call. Although California requires permission by all parties (as opposed to simply have knowledge of the activity), it might be argued that the knowledge combined with a continued conversation is tacit approval.

    You also have to realize that federal laws may come into play here. If you are on an interstate call, they most definitely would, along with the laws of the other state.

  5. #5
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    Default Re: Recording a Conversation That the Other Party is Recording but Doesn't Know You A

    Quote Quoting jk
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    they would not be aware YOU are recording it. You must show they had knowledge of you recording it.
    I would disagree ... the company records so all persons know the company records. No need for further disclosure BUT you can ask the party you are speaking to if they can turn off the company's recording ... they'll say no but actually also be acknowledging that the call is being recorded. Viola, done nice and easy.

  6. #6
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    Default Re: Recording a Conversation That the Other Party is Recording but Doesn't Know You A

    Quote Quoting jk
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    If they have a problem with it, I suspect they will terminate the call. Although California requires permission by all parties (as opposed to simply have knowledge of the activity), it might be argued that the knowledge combined with a continued conversation is tacit approval.

    You also have to realize that federal laws may come into play here. If you are on an interstate call, they most definitely would, along with the laws of the other state.
    Would I have to comply with the laws of my state, their state, and federal laws?
    And what if the call is from India, but the company is based in Florida. Do I have to comply with Florida laws or India laws?

  7. #7
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    Default Re: Recording a Conversation That the Other Party is Recording but Doesn't Know You A

    Ferrari353;663538]Would I have to comply with the laws of my state, their state, and federal laws?
    yes


    And what if the call is from India, but the company is based in Florida. Do I have to comply with Florida laws or India laws?
    generally, the laws where each party actually is apply and since you are utilizing interstate communications systems, federal laws apply as well.

  8. #8

    Default Re: Recording a Conversation That the Other Party is Recording but Doesn't Know You A

    Quote Quoting jk
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    yes


    generally, the laws where each party actually is apply and since you are utilizing interstate communications systems, federal laws apply as well.

    Sorry, NO

    I do not agree ..

    The OP need only comply with the Law as regards His State


    Federal Law only applies as to Threats, and other criminal Acts, not simply to regulate an ordinary phone conversation

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