Not asking for legal help, but need advice on how to proceed.

[flamin lib]

A telephone conversation was recorded without the consent of one party.

The conversation was interstate (Texas to California, CA being the recording side).

CA has a two party law--both parties must be aware of the recording. The Texas side was not informed of the recording and there was no audible "beep" to incicate recording.

TX has a One party law--only one party needs know of the recording, presumably the recorder.

Federal law (FCC)seems to allow more restrictive state laws to prevail.

How would one in Texas proceed to bring charges or find out if charges are applicable?

Please, no speculation, only knowledgable advice on the process is asked. This is serious business.

[rzemanfl]

1. In my opinion the Texan only gets the protection of the Texas law,

which is fitting given that Texas has given us *, Cheney and DeLay. If the Texan is upset by that they should move to a more liberal state.

[OldLeftieLawyer]

4. See?

Like I said, call a ............

HAHAHAHHAHAHAHAHHA!

I couldn't resist.

Texas has given us great toast, don't forget.

Hasn't it?

[flamin lib]

7. My first response is totally inappropriate, but my mother taught me

to understand that one should never ask if someone is from Texas. If they are they'll say so and if not you shouldn't embarrass them.

[flamin lib]

23. Just checked you profile and guess what! You're from Florida,

the state that gave us Bush! The state that bent the rules and halted the recounts in 2000! The state that tilted the 2000 election! The state that gave the election to the candidate with the least popular vote! The state that made a laughing stock of Democratic voters because they couldn't read a ballot!

And you want ME to move to another state . . .

[OldLeftieLawyer]

2. It's serious?

Call a lawyer.

[William769]

3. You don't want speculation? Then I advise you to go see a Lawyer.

Because thats all you can get here with the information you provided.

[OldLeftieLawyer]

5. Funny

The poster said "not asking for legal help," and then proceeds to ask for legal help.

I love DU.

[rzemanfl]

9. This "can you record a telephone conversation debate" has

gone on before here several times over the past couple of years.

[OldLeftieLawyer]

11. I'd call

Anthony Pellcano.

HAHAHAHAHHA!

I'm killing them tonight, I tell ya .................

[rzemanfl]

14. You'd kill more if you had spelled his name right. There is an "i"

in it.

[OldLeftieLawyer]

15. You missed the joke

It's a private eye.

Oy gevalt, you're flat tonight, honey.

Want the medicine balls?

[rzemanfl]

22. Quick thinkin' Leftie. n/t

[Roland99]

21. You here all week?

[OldLeftieLawyer]

25. Appearing nightly in the Grapefruit Room

Bring your family, it's a nice clean show, good for the kids, enjoy the buffet.

Sunday, gardenias for grannies...............

[JuniperLea]

30. Too bad

I was thinking you deserved a few carefully placed $1's (maybe even $5's) in your stage costume!


Don't tell my b/f though! He's been trying to get me to do that for him for years! heh

[flamin lib]

13. I know the laws in the two states and the FCC. Need to know who to

call. Links to the previous conversations? Might have what I need.

[flamin lib]

12. Not asking for legal advice, but procedural. Who ya' gonna' call?

Local, state, federal? Which agency? Not legal, procedural. Hoping to find a knowledgeable legal professional to direct me to the right agency. Obviously not phrased correctly, my apolgies offered.

[OldLeftieLawyer]

16. HAHAHAHAHA!!!

If you ask a question like that on a message board, whatever you get is going to be worth exactly as much as you pay for it.

[flamin lib]

8. I was hoping to find out if I should go to the AG, the SoS, the local

police or the FBI.

It's an interstate issue so what little knowledge I have (provided by a CA attorney inadvertantly) indicates that CA law and TX law both apply as well as Federal FCC code.

[rzemanfl]

10. Go to the FBI and be sure to tell them you post at DU. They will

be happy to help you out, I'm sure...

[JuniperLea]

6. I have an FCC license

And it says the person must be told they are being recorded and that part of the conversation must be on the same recording.

I'm in California, but I've never heard of a Federal law being different state to state.

It's been a while since I've used the license...

Google is your friend:)


Is it legal to tape record telephone calls?

The state and federal laws mentioned above deal primarily with wiretapping and eavesdropping by law enforcement officials. In addition to these laws, both the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) have acknowledged the importance of privacy in telephone conversations by placing additional restrictions on tape recording such conversations.

California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct "beep tone" warning (CPUC General Order 107-B(II)(A)(5)). However, tape recordings can legally be made if an individual or members of one's family are threatened with kidnapping, extortion, bribery or another felony involving violence. The person receiving the threats can make a tape recording without informing the other party. (California Penal Code 633.5)

The FCC requires that notice of any recording of a telephone conversation must be given to the other parties of the conversation (47 CFR 64.501; 2 FCC Record 502). This notice may be conveyed by consent of all parties, verbal notice of recording at the beginning of the call, or use of a periodic beep tone. Telephone companies are required to discontinue telephone service to any customer who violates these rules. (CPUC General Order 107-B(II)(B)(3)

These regulations do not apply to law enforcement investigations, emergency situations or patently unlawful conversations. The FCC has acknowledged that these regulations are difficult to enforce, and violations are virtually impossible to detect. Consumers should not be lulled into a false sense of security that their call is private simply because there is no notice of recording.


http://www.privacyrights.org/fs/fs9-wrtp.htm

[flamin lib]

17. Thanks. Google helped me find that information but it's nice to

have it confirmed. All I'm looking for is where to start to file charges. This is a felony and not a minor offence. The circumstances of the query are quite serious. I don't want to stir up more shit than I can eat if ya' know what I mean.

Hoping that someone could tell me which agency to call and which place to start. CA? TX? FBI? Which office?

Com'on here all you other folks, read the request and either help out or go away.

[The Wielding Truth]

18. Maybe ACLU can help you. Here's the site.

http://www.aclu.org/search/search_wrap.html?account=436ac9516921&q=interstae+wire+taping&sortby=rank&affiliate=select+one&type=&from_month=month&from_day=day&from_year=year&to_month=month&to_day=day&to_year=year

[flamin lib]

20. Thanks, that's one that I should have thought of. nt

[flamin lib]

19. Let me try again.

If my house is vandalized, I call the local cops. Easy.

Who do you call to report a suspected violation of federal law? or an interstate violation?

Just who do you call before I begin getting all sorts of enforcement agencies involved? I could just work up the food chain or I could spend a couple hundred $$. I'd rather just find out where to start if anyone knows.

[ProdigalJunkMail]

24. a couple of things...

1) Are you certain that you were not informed that your call might be recorded? Many companies have front end menus and IVR's that tell you that your call may be recorded. Also, (not sure if this applies in CA) but if you are calling a bank, as an example, the number that you have to call them may have had in the reference section of your CC agreement that you may be recorded.

2) How do you know you were recorded? Did the company provide you with information on the recorded conversation? If so, and you plan to persue charges, there is almost no chance that the recording will be able to be located...it will have been 'disappeared' long before your case comes to trial.

Just curious. I work in the business of call recording for corporate and government entities...

sP

[flamin lib]

27. Here's the answers without disclosing details of the transaction:

I am certain that I did not know I was recorded. It was a call between individuals regarding a business transaction. The information recorded was not and is not pertinent to any pending legal action. The TX end originated on a residential phone, the CA end was a business phone. There was no disclosure, no audible tone and no agreement between parties.

I know I was recorded because in a subsequent conversation I was told that "I have the conversation on tape . . . would you like me to play it for you." It was a hell of a surprise to me! Again, nothing incriminating in the conversation.

Your comment about the tape disappearing is what engendered the query. Who do I call to make things happen? I know the US AG will send federal agents into offices and announce "hands away from the keyboards" but that's a bit extreme in this case.

[ProdigalJunkMail]

31. while I understand your concern

the problem obtaining that call may be fairly difficult depending on how it was recorded. Most modern recording systems in call centers are centered around a computer system tapped into the inboud T's (voice circuits) or the individual extensions (analog or digital extension taps) that then record the audio digitally onto a hard drive. That can then be archived to some tape or optical media or some sort of network attached storage array. Companies that have these sorts of recording systems in some cases have spent literally millions of dollars putting them in and would not have made that sort of investment unless they are certain of its legality.

The other recording scenario is that there was literally a tape recorder in place and in that case the actual tape would be difficult to procure and if indeed the tape was procured the company will likely claim that the agent involved in the call was acting independently of company knowledge/procedure.

Just some things to keep in mind if you decide to persue this one...good luck.

sP

[Horse with no Name]

26. I would start with the FCC

They will direct your call if that isn't the right agency.
Good luck.

[flamin lib]

28. Thanks Horse. I've been leaning that way.

My biggest concern is that if I don't get the right agency involved the tape will be erased and all my leverage is gone.

[Horse with no Name]

29. If that is your main concern

Then your best bet would be to retain an attorney ASAP and have the tape subpoenaed.
Good luck--sometimes in these types of things we are literally David's to their Goliath's.

[InkAddict]

32. Call the WH - * is the "decider" eom

and there are no federal laws not meant to be broken. LOL!