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Taping conversations...against the law?

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  • Taping conversations...against the law?

    I can't believe for two days straight I have had nothing but assholes and bitches but This one takes the cake as my WORST call I have ever taken. This idiot was complaining over a small balance that was still owed after she disconnected her services. She was told her balance was zero which was bullshit. Then she starts verbally abusing me make it MY fault.

    The convsersation took a BAD turn when she stated that she was taping this whole conversation WITHOUT MY KNOWLEDGE! I know for a fact that my company records the conversations anyway hence the "for quality assurance, this call may be recorded" but this bitch had the gall to tape this convo without my consent. She didn't even BOTHER to ask me if it was okay to tape the convo.

    Now, folks, isn't it ILLEGAL to be taping a convo without the person's consent?

    Which is why I just forwarded the info to a supervisor. She was a rude, nasty, hostile, threatening horrible woman and frankly, I don't deserve this. She complained about not wanting a supervisor, but you know what? This is WAY above me and by the way she treated me, she is GETTING A SUPERVISOR.

    The more and more I work for customer the more I hate our human race.
    Last edited by MoonChild2007; 09-27-2008, 12:57 AM.

  • #2
    It's not illegal in all states.

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    • #3
      http://www.rcfp.org/taping/

      Check there to see what your state's laws are regarding recording phone calls.

      http://www.callcorder.com/phone-reco...0Laws%20(Table)

      Check there for more information on wiretapping and recording in general
      "It's not easy being evil in a world that's gone to Hell" ~ Anton LaVey

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      • #4
        That is the exact site that I went to

        Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the taping.
        There you go.

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        • #5
          The law varies by state, but in Indiana it is legal as long as ONE of the parties is aware that the call is being taped. At the Call Center from hell, agents are advised to inform the customer that they do not have the agent's permission to tape the call. If the customer persists, the call is to be escalated.
          "I guess they see another cash cow just waiting to be dry humped." - Irving Patrick Freleigh

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          • #6
            Depends on what state you live in.

            I live in Michigan. Michigan is one of the states where the consent of all parties is required to tape a conversation.

            (just a note... the whole "this call may be recorded for quality assurance" type thing... if someone hears that and continues staying on the call, that's implied concent)

            Anyway... a lot of states (I think 38, if I remember correctly) permit someone to record a conversation without informing the other person that they are doing so. These laws are referred to as “one-party consent” statutes, and as long as you (the person taping it) are a part of the conversation, it's legal.
            "Good morning, and in case I don't see ya, good afternoon, good evening, and good night!" - The Truman Show

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            • #7
              I am acctualy surprised that the call went to a manager.

              I have worked for several companies in call support rolls. Due to leagal reasons, I presume becasue the recording of calls is illegal in some states as well as other reasons, it is against policy to continue a conversation once we have become away that the call is begin recorded. The standing policy with all the companies I worked for was to advise the customer that recording calls is not permitted. In some cases we would disconnet the call immidiatly after advising the customer of this. With the the more lenient and customer focused companies, we would tell them that we would continue the call if they stopped recording, however If they do not comply, we will disconnect the call.

              All of the companies strive to do anything we can for a cusotmers. We will literaly do everything we can do to assist our customers with any diffiuclites, concerns or complaints the have. However, if you as a cusotmer do not play by our rules, in this instance. .

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              • #8
                If she was verbally abusing you (yelling curses, hating on you, etc.) I say let the bitch tape it and play it for people. It will only show that you are understanding and she is an EW.

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                • #9
                  You have absolutely nothing to worry about if you maintained your composure and didn't lash back at her. What she taped would be the same thing your company tapes.....
                  You really need to see a neurologist. - Wagegoth

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                  • #10
                    You've already consented to the recording by working there and taking the call.

                    She can tape all she wants.
                    Supporting the idiots charged with protecting your personal information.

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                    • #11
                      Also depends on where she is. If she's in a one party consent state, she can tape all she wants.

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                      • #12
                        the only state i know of in this country that you have to have consent form every party verbally recieved, is puetro rico ( i know not a state) technically the other states say you need consent but only in puerto rico do you have to end the call if consent is not given

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                        • #13
                          Of course... the only real downside to the CS taping the call herself... Unless she's going to go back and do some magical editing... she's also taping herself mouthing off and abusing you.

                          So hell... let her tape it. What's she going to do, turn it into a lawyer and complain that you "didn't help her" and then she screamed swear words... and here's the proof of her potty mouth...?

                          heh.

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                          • #14
                            That's funny ... call centers record the calls but do not allow the customers to do so. A little hypocritical on the part of management, no?

                            Regarding the OP: as many have said, it depends on the state. Honestly, her tape will probably just be overwritten with the next company she's mad at for disconnecting her. I wouldn't worry about it at all.
                            "Always stand near the door." -- Doctor Who

                            Kuya's Kitchen -- Cooking, Cooking Gadgets, and Food Related Blather from a Transplanted Foodie

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                            • #15
                              I didn't run into this too much during my call center days but the general rule was if we were told we were being recorded to stop talking and get a supervisor immediately. If the sup confirmed the call was being recorded (by asking the customer) then it was to be disconnected immediately.

                              My company had a strict policy of not allowing customer to used taped calls as evidence for anything (ie to support you had been offered something out of the norm) because they had no way to verify the call (ie that the customers friend did not pose as a CS rep). Not saying I entirely agreed with this but that's how it was.
                              "If we refund your money, give you a free replacement and shoot the manager, then will you be happy?" - sign seen in a restaurant

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