Re: Re: PHP & Text Messaging [Straying Way OT]

Thank you, sir! Didn't have the minute to look it up. Excellent citing. On 4/26/07, jgodish@highstream.net <jgodish@highstream.net> wrote:

Federal law says that at least one party taking part in the call MUST consent to the recording. (18 U.S.C. Sec. 2511(2)(d)) Quoting Daniel Brown <parasane@gmail.com>:

    Interesting.... and being in Pennsylvania, I'm in the "all-consent"

group.... but being originally from New Jersey, where I still thought it was law, I'm confused.... isn't there a Federal mandate about this as well? On 4/26/07, jgodish@highstream.net <jgodish@highstream.net> wrote:

In the US you can record your own phone calls, ingoing and outgoing? Usually!! Most states are "one-party-consent law" states. If you live in one of these, you can always record your own in-state calls either openly or surreptitiously, since only one participant's consent is needed. Likewise, you can get someone else to record them for you. In interstate calls, it's important to check this state-by-state

summary,

because in interstate calls, both states' laws apply, and you need to apply the most stringent applicable law. For example, if you live in California

or

are even just speaking to someone in California (an "all-party-consent

law"

state), you must get the other party's permission to record the call, or risk having to pony up $5000 in statutory damages (or three times the actual damages, whichever is greater). In general, announcing your intent to record

and

letting the other party hang up if they don't like it is sufficient in all

states:

continued participation implies consent. The all-party-consent law states are: California, Connecticut,

Florida,

Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Washington. In Delaware, Indiana, Iowa, Missisippi, and

New

Mexico as well, a participant may record but a non-participant may

not,

even with consent. In Vermont the law is unsettled. I am not a lawyer; this is not legal advice; laws change; errors

happen.

John Quoting Daniel Brown <parasane@gmail.com>:

    Yeah, but unfortunately, in the United States, you have to alert

someone

when you're recording a telephone conversation. On 4/26/07, Tijnema ! <tijnema@gmail.com> wrote:

On 4/26/07, Daniel Brown <parasane@gmail.com> wrote:

Sounds like a good plan. Maybe I'll start recording all of

my

phone

calls. I'll just answer the phone, "Hello, this call is being

reported

for

quality assurance and training purposes, this is Dan,

wazzzup?!?"

Hmm, i see nobody would ever lie to you again :)

On 4/26/07, Justin Frim <jfrim@idirect.com> wrote:

Richard Lynch wrote:

[snip] Relying on Sprint, however, to honor any kind of oral

agreement,

is a

big fat *NOT* "I'm sorry, but we just don't have any reocrd of that

conversation.

You're now 2 weeks overdue, because that extension you claim

we

gave

you doesn't exist." It was like a parody of the White House Watergate tapes --

Anything

they didn't feel like honoring was just not there; Something

that

had

been said that they LIKED, they had a perfect record of that

though.

[snip]

A good old O.T. thread. :-) A few months back I was trying to weed some information out of

Rogers

and Fido, but several times I was told conflicting information

each

time

I called. Finally I made an audio patch cable to connect my MP3

player/recorder

to

the phone and then proceeded to call Rogers again. The

conversation

went something like this: -Voice mail system: "Thank you for calling Rogers

Wireless. Please

stay

on the line and our next available agent will help you. Note

that

your

call may be monitored and recorded for quality assurance and

training

purposes"... music-on-hold... -Customer support: "Thank you for calling Rogers, my name is

Bob,

may

I

have your phone number starting with the area code?" -Me: "I'm just letting you know that this call will be

monitored

and

recorded for quality assurance purposes" *click* MP3 recorder starts recording.... -Customer support: "Umm.... okay...." The patch cable was designed so I could also play back audio

into

the

phone, just in case they tried pulling a "we never said that"

denial.

Fortunately, in that conversation where I announced it was

being

recorded, the customer service guy never lied to me even

once. Funny

how that works out.

You could better not tell them you are recording, and when they

are

saying "we never said that" then you just play it back :) Tijnema

-- Daniel P. Brown [office] (570-) 587-7080 Ext. 272 [mobile] (570-) 766-8107

-- Daniel P. Brown [office] (570-) 587-7080 Ext. 272 [mobile] (570-) 766-8107

-- Daniel P. Brown [office] (570-) 587-7080 Ext. 272 [mobile] (570-) 766-8107