Quote:
Originally Posted by mikejones13
Found this..... at sprintusers Posted by mrlifter.......06-11-2004, 05:27 PM
RadioShack sells a Wireless Phone Recorder that works on any phone that takes a universal headset.
Be aware that many states (including California and Washington DC) have laws that you must disclose to the caller that they are being recorded.
Where did Linda Tripp get her stuff? RadioShack. Because the guy that sold it to her told her about the law, he kept his job.
I use it and it works great. I plug it into a Optimus CTR-111 Casssette Recorder and bam, I've got a great recording.
In California it is illegal to record a phone conversation without telling the other person on the line. Even in your own home, i.e. "i know my kid/spouse is up to no good, so I'll just set this up and record it, it's my phone." That's illegal, even though it's technically your line.
It is legal however, if you're in a criminal investigation. For example, your spouse/significant other is calling you and telling you he/she is going to kill you (Terrorist Threats, 422 PC) and you've reported this to the police and they've opened an investigation. In that instance it's ok to record a conversation without informing the other party.
Dang, what street did I get off at.. what was the original question again.. :hee:
EDIT: Look here...http://www.callcorder.com/phone-reco...aw-america.htm |
"Business telephone" exception
The "business telephone" exception, which generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.
Penalties: The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.
States Requiring One Party Notification Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming
States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington
And since i'm in socal:
California
Although California is a two-party state, it is also legal to record a conversation if you include a beep on the recorder and for the parties to hear. This information was included with my telephone bill.
......
now for the harder bits
......
California prohibits telephone monitoring or recording, including the use of information obtained through interception
unless all parties to the conversation consent (California Penal Code Sections 631 & 632). There is
no statutory business telephone exception and the relevant case law all but excludes this possibility.
California courts have recognized "implied" consent as being sufficient to satisfy the statute where one party has expressly agreed to the taping and the other continues the conversation after having been informed that the call is being recorded. Violation is punishable by a fine of up to $2,500, imprisonment for not more than one year, or both. A civil plaintiff may recover the greater of $3,000 or three times the amount of any actual damages sustained.
for me personally this is the important bits:
California courts have recognized "implied" consent as being sufficient to satisfy the statute where one party has expressly agreed to the taping and the other continues the conversation after having been informed that the call is being recorded.
This could be read as something like:
Telco:
"this call may be recorded for quality control purposes"
hello, this is john, your _____ rep. this call may be recorded, can i have your [insert information here]"
Me:
"My name is blah, this call may be recorded for my purposes, my account # is blah."
At this point if they do not object I HAVE THE LEGAL RIGHT TO RECORD THE CALL AND USE IT.
enjoi ^_^