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  1. #1
    Join Date
    Oct 2015
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    15

    Default Do You Have to Inform Somebody That You're Recording a Call

    My question involves criminal law for the state of: Maryland

    I know Maryland has fairly strict laws on recording conversations. All parties must consent to the recording. Nevertheless, I get calls AND I make calls from/to businesses all the time, some I do business with, other not, who begin the call with a recording of some variation of "this call is being recorded for training and quality control purposes" or some other reason. Does my speaking after such a message mean I consent or are they supposed to ask me, i.e., are they violating the law? (Note: I have always assumed I am giving implicit consent by talking on such calls rather than hanging up but I'm no lawyer). Does the purpose of why they say they are recording matter? Can I record a conversation I'm told is being recorded without my saying I'm recording?

    So here's the rub. I've been dealing with a vendor with such a recording who screwed me on a deal. They will tell me privately on the phone the incriminating stuff they did but they won't put it in writing in our emails. Once I told them "since you're recording this conversation so will I" and they hung up. Did I have to tell them since they were recording me already - whether such a recording involved explicit consent from me or not?

    I realize law and morality often don't coincide. But it seems if one party notifies you they are recording a conversation that should give the other party(s) the implicit right to record as well, if for no other reason to keep the first party honest lest they edit their recording in a misleading manner.

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