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JRF Jun 23, 2000 5:51 am

If you are greeted with "your call may be taped for quality purposes" then both parties already know the call may be taped, so you are free to record.

greg99 Jun 23, 2000 6:28 am

It's a good thing that Catman is on vacation b/c we've gone way too OMNI for the Catcop.

This is, I think, important stuff, though, because I've often been tempted to record calls after one too many poor or inconsistent customer service calls.

Cti1wlm -
Re: interstate communications - The factsheet does people a little bit of disservice through its overbreadth, and actually the Federal District Court for the Western District of Mich. says as much in Cafarelli v. Yancy. The definition of wire communication, for the purposes of the statute includes communications that occur between states, but also "communications affecting interstate or foreign commerce," which would apply in this case (18 USCS 2510a) as you are communicating re: travel on an airline.

Re: radio signals, the way the statutes and the cases seem to go, radio applies to: cellular phone communications, communications over cordless telephones and other "two-way radio" communications, where there is a diminished expectation of privacy.

That said, it seems like you're right - if a person obtains verbal/written consent to record or uses the recording tone, you're probably OK.

JRF raises the point of the unilateral consent - while that's true for the Electronic Communications Privacy Act (18 USC 2510), I don't know if that would be true under all other FCC regulations and state laws regarding recording - the person doing the recording may still have to inform the other party.


CAUTION: Needless to say, if you're relying on a bulletin board for legal advice on an area as sensitive as this, be cautioned - you get what you pay for. See your own legal advisor for the rules and regulations in your jurisdiction. (Gee, could I somehow be in the legal field? http://www.flyertalk.com/forum/wink.gif)

Greg

[This message has been edited by greg99 (edited 06-23-2000).]

JRF Jun 23, 2000 7:12 am

It is my understanding (I am not a lawyer, but related to enough of them that I hear this all the time) that in the Commonwealth of Virginia, only one of the parties on the phone needs to know the call is being recorded. So, you could always fly to VA and make the call.

I am not sure how the FCC Code (if there is such a thing, I am talking out of my league here) fits in. I have heard of a few cases where conversations recorded in VA were allowed to be entered into evidence in VA courts. Perhaps Greg99 could do a Lexus Nexus on this? http://www.flyertalk.com/forum/smile.gif

Aubie Jun 23, 2000 10:03 pm

Out of curiosity, I read some more on taping laws.

First, the FCC law applies to phone companies, not indivuals.

Here is a good place to read about taping:
http://www.rcfp.org/taping/index.html

I read fcc, case law, house bills, and again conclude that the recording of my phone conversations for the purpose of record keeping is completely legal.

I found some great sights to order phone recording equipment.


hfly Jun 29, 2000 9:19 pm

Followup::::

I have just received a $1500 voucher (rather than the appx $1200 cash), and have accepted it. What do you think?

(Please, no more comments about wiretaps, If you wish to do so, please start a new forum)



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