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Author Topic: Law Regarding Access To Recorded Conversations?  (Read 1086 times)

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Offline PennySludtTopic starter

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Law Regarding Access To Recorded Conversations?
« on: April 25, 2017, 09:51:48 am »
We've been dealing with our mortgage company and having a lot of trouble with things they said on one occasion and then saying different things on another. I asked for a copy of the recording from that original date to prove what they told us the first time because I am NOT going to pay more because they changed it 'before' the phone call. I asked for the copy and they say we are not allowed access to that phone call because it's internal secure information. But if we were also being recorded by that, doesn't that make it just as much our property as theirs? They said we'd have to take them to court to get a copy of it. Is this actually true!?

Offline Oniya

Re: Law Regarding Access To Recorded Conversations?
« Reply #1 on: April 25, 2017, 10:51:12 am »
It may be true, and it may also depend on where you live.  Your honest best bet is to get a consult with a lawyer (look for one that will give a free consultation) in your local area that specializes in real estate law.  They should be able to tell you what your options are.

Offline Gypsy

Re: Law Regarding Access To Recorded Conversations?
« Reply #2 on: April 25, 2017, 10:57:15 am »
This site also offers some interesting reading:

https://www.hg.org/article.asp?id=37956

But I would guess that unless you're willing to take the matter to litigation, your ability to get a copy of any recording is practically zero if they've already said 'no'.

Offline PennySludtTopic starter

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Re: Law Regarding Access To Recorded Conversations?
« Reply #3 on: April 25, 2017, 11:38:10 am »
Well, this time when they called, I asked for THEIR permission to record the call and did so! Guess I'll be doing that from now on.

Offline Oniya

Re: Law Regarding Access To Recorded Conversations?
« Reply #4 on: April 25, 2017, 12:37:41 pm »
That's an even cheaper plan.  ^_^

Online Vekseid

Re: Law Regarding Access To Recorded Conversations?
« Reply #5 on: April 25, 2017, 05:01:22 pm »
Well, this time when they called, I asked for THEIR permission to record the call and did so! Guess I'll be doing that from now on.

Note that in some states, they can refuse consent and still demand to record you.

To get around this, you can ask for permission in a backhanded fashion "I understand this call may be recorded?"

Offline PennySludtTopic starter

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Re: Law Regarding Access To Recorded Conversations?
« Reply #6 on: April 25, 2017, 06:26:52 pm »
I think if they refuse to let me record them but insist on recording me, we will be transacting all business in writing! :p

Offline HairyHeretic

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Re: Law Regarding Access To Recorded Conversations?
« Reply #7 on: April 25, 2017, 06:31:00 pm »
https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

Try using this as a guideline. I can't comment on how things work where you are, but it might help.

Offline PennySludtTopic starter

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Re: Law Regarding Access To Recorded Conversations?
« Reply #8 on: April 25, 2017, 06:36:52 pm »
I found that one when I did a search, but I'm in the US so I'm not sure how much would be the same, though I'm sure the general guidelines probably apply. The problem is that it's such a big mass company they could exterminate us in a heartbeat if we're not very very careful. Tori has drawn up more than one legal rebuttal for stuff they tried to pull on us and the court went with it, but it was only minor stuff, and even that felt like putting the arm holding the bait into the shark's mouth and hoping your gear holds up!
« Last Edit: April 26, 2017, 06:07:35 am by PennySludt »

Online Vekseid

Re: Law Regarding Access To Recorded Conversations?
« Reply #9 on: April 25, 2017, 10:40:39 pm »
State laws for recording conversations vary:

In some states, only one party to a conversation needs to consent.

In others, both need to consent.
- Of these, there are states where consent isn't mutual. So one party can demand they be able to record while the other is not permitted to.