"Can We Tape?"

Cat Damiano

Mortgage Wars
Sep 10, 2007
10,541
39
48
Colorado
www.loansafe.org
Alot of members have been asking this question in regards to being able to record the conversations with their lenders. I had come across this article in my research on this subject. It was initially put together for journalists who have to ask this question everyday in their line of work. I hope that it can help the members of LoanSafe to be able to look up their states laws regarding taping the conversation.


Introduction


At first, the question of whether or not to tape record a phone call seems like a matter of personal preference. Some journalists see taping as an indispensable tool, while others don’t like the formality it may impose during an interview. Some would not consider taping a call without the subject’s consent, others do it routinely.


However, there are important questions of law that must be addressed first. Both federal and state statutes govern the use of electronic recording equipment. The unlawful use of such equipment can give rise not only to a civil suit by the “injured” party, but also criminal prosecution.


Accordingly, it is critical that journalists know the statutes that apply and what their rights and responsibilities are when recording and disclosing communications.


Although most of these statutes address wiretapping and eavesdropping — listening in on conversations of others without their knowledge — they usually apply to electronic recording of any conversations, including phone calls and in-person interviews.


Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as “one-party consent” statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)


"Can We Tape?"
 

UnderwaterInLV

LoanSafe Member
Apr 12, 2012
70
1
8
Las Vegas, NV
Cat, the part that I don't understand is that when you call a lender/servicer, the voicemail always says, "call may be recorded bla bla" and if you want to talk to them, deal with them, argue with them, you have no choice but to be recorded. You're forced into it. If they can force us into being recorded, then just return the favor and advise them they're being recorded.
 
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pennystk

LoanSafe Member
Jan 5, 2017
2
0
1
71
Cat, the part that I don't understand is that when you call a lender/servicer, the voicemail always says, "call may be recorded bla bla" and if you want to talk to them, deal with them, argue with them, you have no choice but to be recorded. You're forced into it. If they can force us into being recorded, then just return the favor and advise them they're being recorded.
 

pennystk

LoanSafe Member
Jan 5, 2017
2
0
1
71
I can tell you that when I dealt with Citi and they informed me that this conversation was being recorded..I said likewise..the person on the other end said "what" I said likewise..this conversation is being recorded he said then this conversation is over. I said you can record me but I cannot record you..he said that is correct.