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This is a discussion on Can I tape a phone call if they are all ready recording.... within the Ask the Attorneys? forums, part of the Foreclosure Forum category; Or do I have to tell them I am recording too? I am making a documentary on My financial struggle...
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| Senior Member Join Date: Apr 2009 Location: Central Pennsylvania
Posts: 1,138
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can I tape a phone call if they are all ready recording.... Each State has different Laws on that, you need to check with your State
__________________ Central PA, USA Waiting NACA Approval With Citi ON FHA MORTGAGE 05/18/2009 Ginnie Mae investor Is NACA Becomming a SCAM..? |
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| | #3 (permalink) | |
| Senior Member Join Date: Sep 2009
Posts: 132
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can I tape a phone call if they are all ready recording.... Quote:
When we had a conference call with the counselor from Hope and Wells Fargo this morning the counselor told WF that this call was being monitored and recorded for QA and she flat out said you can not record me or I will not speak to you ! Even though they are recording US ~ I say do it. Good Luck | |
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| | #4 (permalink) | |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can I tape a phone call if they are all ready recording.... Quote:
Actually a member of loansafe viedo taped his conversation and it's on You tube. There's a thread about taping phone call with lenders and here's the link: I am recording all phone calls from CHASE!! I say if they can do it, You can do it also. It's a great idea. for your protection .
__________________ Regards, Faith "Pay it forward" | |
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| | #5 (permalink) |
| Senior Member Join Date: Nov 2008 Location: Northern CA
Posts: 1,764
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can I tape a phone call if they are all ready recording.... Hi all. Just as an FYI. Here is an article I found on the web: Got a digital voice recorder like one of these? Watch out how you use it or you could land yourself in scorching legal trouble. One man recently found that out the hard way, after he was arrested and discovered to be recording the goings-on with just such a device in his pocket. Not only is he now facing charges for disorderly conduct, resisting arrest, and trespassing, he's also charged with unlawful wiretapping and possessing a device for wiretapping. The story goes that one Chi Quang Truong was embroiled in a dispute with a Massachusetts auto service center, which didn't repair his car as quickly as Truong wanted. Truong got into a verbal scuffle with the service shop and the police were called. Apparently Truong was recording all of this -- for reasons unknown -- using a device stowed in his pocket, and cops added the wiretapping charges to his rap sheet during his arrest. But wait a second: Don't you need a wire to get charged with wiretapping? I thought so too, and the theory here is that since Truong didn't have explicit permission to record the conversation (memories of Linda Tripp), he was slapped with the additional charges. In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording. In the rest of the country, any single member that's part of the conversation can legally record it without consent from the other parties. And as Network World notes, wiretapping laws largely extend to in-person communications now, so no wire is required. Still, does the punishment really fit the crime? Wiretapping is a class D felony, and that can mean (based on my admittedly limited understanding of criminal statutes) up to 12 years in prison. While Truong is unlikely to face anything that severe (and, in all probability, will have the wiretapping charges dropped as his prosecution progresses), he probably shouldn't be facing charges for any of this. And "possession of a wiretapping device"? Yikes. Even my iPhone has a voice recorder feature built in. I'm in possession of such a device any time I step out in public. Check your own pockets, briefcase, purse, or backpack: You might be a criminal! I know that puts us in a conundrum - they (the lenders) can say they are recording, but if we tell them will they talk with us, and if we don't are we liable? |
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| | #6 (permalink) | |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can I tape a phone call if they are all ready recording.... Quote:
Normally, the lender will ask you if it's ok to tape your conversation by law they have to tell and ask you of the tape. You can always reject it and say no and hung up. Or you can also say ONLY if you let me tape also our conversation. Now if you can not hung up and you have given that person permission to tape, you can make notes, get a notebook and a pen, write down his name, phone number and what ever your conversation is. This is something you need to research in the internet because of wiretappings laws and other regulations in your state. But the link that I've attached in the posts above probably researched already about laws in his state. I am sure he knows what he is doing. Take care and God b less.
__________________ Regards, Faith "Pay it forward" | |
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| | #7 (permalink) | |
| Homeowner & Forum Guide Join Date: Feb 2008 Location: San Diego
Posts: 877
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can I tape a phone call if they are all ready recording.... Quote:
Just want to let you know that I like this information you have provided. I forgot to say thank you, I really appreciate it. Thanks a million!
__________________ Regards, Faith "Pay it forward" | |
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