Telephone Recording

Telephone Recording

Scott	12/29/2004 9:35:28 PM
I was called by a bank telemarketer today who, after prodding from me, admitted that our conversation may be recorded for quality control purposes. I said I don't give permission to be eavesdropped on and recorded. I was informed that their company is in a "two party state," so it's legal. I'm in MN, and I believe in my state I cannot record a telephone conversation without permission from the other party. Just what is the legal side of this? Thanks! Scott



"Christopher Green"	12/29/2004 8:08:58 PM
Far be it from a telemarketer to tell you lies. In fairness to the people who do this lowlife job for a living, they are instructed in how to answer objections like yours and have the choice of doing as they're told or losing their job. If either party is in a "two party state", both parties must consent to recording; once you refuse consent, they must refrain from recording. But because the long arm of the law won't reach through a phone line to collar a party unknown to you over such a minor incivility, there is little you can do short of refusing to talk to them, and they know it. -- Chris Green



"Richard"	12/29/2004 10:39:05 PM
Scott wrote: I was called by a bank telemarketer today who, after prodding from me, admitted that our conversation may be recorded for quality control purposes. I said I don't give permission to be eavesdropped on and recorded. I was informed that their company is in a "two party state," so it's legal. I'm in MN, and I believe in my state I cannot record a telephone conversation without permission from the other party. Just what is the legal side of this? Thanks! Scott Your alternative is to hang up. When they call back, demand they do not call again. Legally, you can record any conversation without consent for private use. If you wanted to use that tape as evidence in court, it would be dismissed. I worked as a security officer at a chemical plant where we had to tape all incoming calls. Advising the caller the conversation was being recorded. One idiot didn't seem to care even as he told of a bomb set to blow up the company. The company gurus listened to the tape and figured out who the guy was, and charged him with the crime. On that phone, the record switch was built right into the handle so I could turn it on at any time I suspected a threat or what ever.



"Christopher Green"	1/2/2005 8:29:06 PM
Far be it from a telemarketer to tell you lies. In fairness to the people who do this lowlife job for a living, they are instructed in how to answer objections like yours and have the choice of doing as they're told or losing their job. If either party is in a "two party state", both parties must consent to recording; once you refuse consent, they must refrain from recording. But because the long arm of the law won't reach through a phone line to collar a party unknown to you over such a minor incivility, there is little you can do short of refusing to talk to them, and they know it. -- Chris Green

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