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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
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"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 ^_^ |
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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
Just as an addendum to the call recording laws:
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__________________
Creator of:
WP7 Launcher, SoundPlug, MusicFlo, MacFlo, The iCube Spread the thanks! Click http://forum.ppcgeeks.com/images/but...ost_thanks.gif if someone helps you! Last edited by Musicman247; 11-01-2009 at 07:37 AM. Reason: editing |
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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
did you get the upgrade from the store or over the phone? i was told that since i had a crack, i need o call and claim it
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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
Thats prettty messed up cuz Up until aboout a month agoo when I BOOUGHT My TP2 I had a total of 4 touch pro's.......they NEVER offered me a TP2......a week before I got my TP2 I even just got a refurbed one......
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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
If you get it from Asurion (insurance) then NO you do not have 30 days. You get what you get. If its broken call them as soon as possible before a week passes. They will then send another. Other than that there is no 30 day policy with Asurion!
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Kyle
Sprint User: Mobile to Mobile Plan - $75 Bucks 450 Non-Mobile Minutes, Unlimited Texts, Unlimited Data Phones Used: HTC Touch, HTC Diamond, HTC Touch Pro Phone currently using: HTC Touch Pro2 San Antonio, Texas |
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Wirelessly posted (Sprint Touch Pro: Mozilla/5.0 (Windows; U; Windows NT 5.1; de; rv:1.9.1.3) Gecko/20090824 Firefox/3.5.3)
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Went to the Sprint Store in Orange Park, FL and the took me in right away and the lady took it back to the tech and with in 5 mins she came back out and offered me a Touch Pro 2 and the option of all those other crappy Phones (Snap, Tour.....) I about craped my pants when she said she had a TP2 that I could have. I was so excited ![]() For anyone with a touch pro looking to get upgraded, the key is (play dumb) and act like a customer that truly likes the phone just is plagued by faulty hardware. They will see that you are not a scammer but someone who has just had problems with the phone. Whatever you do DON'T GET UGLY! That will not help you get what you want. Truth be told if it wasn't for someone returning the phone (The touch pro2 they gave me was a 30-day return) I dont think they would have given\ordered me one at all. So I guess you could say I was lucky. FYI: I am a $30 SERO user with TEP and my plan was not changed. I still have my upgrade too, but I did have to give them back my TP1 (with the extended battery I bought) Oh well, I'm happy! |
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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
sweet! i got mine from town center. you're absoluetly right. act like you love the tp while speaking in detail about it's problems. too many people start off screaming they don't want it and then sprint acts like they can't help.
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Re: Sprint now replacing Touch Pro w/ Touch Pro 2!
My store will only order refurbished ones, which have been out of stock since however long. I gave up waiting and took another tp1
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