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Old 11-13-2008, 10:36 AM
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Re: Can you record both side of phone conversation with the Touch Pro or Diamond?

Quote:
Originally Posted by JaxChris View Post
And last, the use of automated recording solutions leaves you liable to be sued by anyone that uses your phone. If you let someone else use your phone and they are not aware that they are being recorded you can be sued by that person and whomever they speak with on the recording.
Yeah and it doesn't matter how many times we say this or how you word it, some people still think it means all you have to do is just "know" you are recording. lol Far from the truth.
While a moderator of a large divorce firm website I have had to correct this quite a number of times.
Also, in the instance that the recording is legal, it can in fact be used as evidence in court. However, it is up to the judge to determine the weight of the evidence. Many times it's used as leverage before the trial, therefore sometimes not even needed to present to the court.

If you record something illegal then "sometimes" it can bypass the recording laws and you can not be held accountable. Odd as that may seem. So if someone is threatening to kill you chances are good that a recording will at minimal assist you in getting a restraining order...even though the recording itself wasn't legal.

Also, the given guidelines are not perfect, nor set in stone, as it gets mixed when calls are made between differing states and judges have discretion on many things.

But in the end, as long as you don't allow it in hands of anyone that has any remote chance of prosecuting or attempt to use it as blackmail then you should be alright.

I find recordings good for getting directions..seems half the time I think I wrote it down wrong when it turns out they just gave it wrong.

Also good for when the Sprint people tell you something that you need to ensure is honest.

And one last thing, any message left on your voicemail anywhere is always legal and submissible in court, as they knew they were being recorded of course.

Now if someone would just post a link to a cab file that they have actually tried and confirmed to record both sides without the use of speakerphone that would be great.
If not, we'll just have to wait and hope that the software can be ported over from the TouchHD which is rumored to have this ability.
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Last edited by Raging Idiot; 11-13-2008 at 10:47 AM. Reason: raging idiot
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