Results 1 to 4 of 4
  1. #1
    Join Date
    Oct 2015
    Posts
    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.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is It Legal to Record Recorded Calls - Must I Ask for Consent?

    You consent when you don't end the call.

    Yes, you do have to obtain their consent.

  3. #3
    Join Date
    Oct 2015
    Posts
    15

    Default Re: Is It Legal to Record Recorded Calls - Must I Ask for Consent?

    Can I just tell them I'm recording or do I have to ask their permission to record? In other words is this a 2-way street for implicit consent? They can hang up too.

    What happens if, during the call, I say I don't consent to be recorded but don't hang up. Is my talking beyond that point permissible to record?

    - - - Updated - - -

    I have some follow-up questions. Consider this hypothetical: I install an automated answering and transfer system for my phone. Every call to my home from a number not set to be bypassed (like my mother or friends) gets the following message:

    "Please hold while I connect you to Ed Tarboosh. Your call will be recorded"

    I assume, given the answers above, that is sufficient notice such that any party that stays on the line to talk gives consent - correct?

    What if the party that is calling begins their call with a similar automated message to the effect the call is being recorded BUT I might not hear that message because it might overlap with my automated message before the call is transferred to me? - (my system does not begin to record until AFTER it gives the recording notification) Have I been given proper notice then?

    Likewise, what if I don't know if a human on the other end actually heard my recorded message because they might not have come on the phone until after their pre-recorded message was played on their auto-transfer system?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is It Legal to Record Recorded Calls - Must I Ask for Consent?

    Sorry, I'm not doing hypotheticals this morning.

    Let's get really, really simple though - if you call someone and they have an answering machine and you leave a message ... you have consented to them recording you even if you change your mind afterwards. If you change your mind while you're actually talking to a person, then you hang up. What you say before you end the call can still be used against you, but truthfully the issue of revoking your consent (and indeed, when you may do so) is actually a lot more complex than you might think.

    1. Sponsored Links
       

Similar Threads

  1. Privacy Crimes: Recording Only One Side of a Phone Call
    By Desertgal in forum Criminal Charges
    Replies: 4
    Last Post: 02-04-2013, 11:42 AM
  2. Privacy Crimes: Recording a Minor's Phone Call
    By uncle-trying-to-help in forum Criminal Charges
    Replies: 5
    Last Post: 05-22-2012, 02:42 PM
  3. Privacy Crimes: Recording Only One Side of Telephone Call
    By parminides in forum Criminal Charges
    Replies: 5
    Last Post: 03-11-2012, 04:29 AM
  4. Defamation: Recording a Phone Call - Making Recording Public
    By Edgecrush_td in forum Defamation, Slander And Libel
    Replies: 5
    Last Post: 11-20-2011, 09:29 PM
  5. Privacy Crimes: Recording an Out-Of-State Phone Call
    By Sydney39267 in forum Criminal Charges
    Replies: 1
    Last Post: 10-09-2008, 07:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources