When dealing with unscrupulous companies (especially insurance companies), I have learned that it is essential to record telephone conversations.
Many times, I have been provided with grossly incorrect information, but when I later try to confront them about the false information they have provided, the company simply denies it. Their unethical behavior relies on the fact that I have no proof of what was previously communicated.
I have repeatedly been told that it is legal for them to record me, but that it is illegal for me to record them.
To my understanding, this is an incorrect understanding of the law. As long as both parties are notified that the recording is taking place, my understanding is that both parties may lawfully record the call.
I am seeking the minimum required statement that will allow me to lawfully record calls.
I find that if I ask permission to record a call, the person on the other end often gets highly defensive and tells me that recording calls is illegal (which is ironic given that they have often just informed me that they are recording the call).
Instead of asking permission, is it sufficient to simply state that the call is being recorded? By continuing the call, has the other party provided consent without explicitly being asked?
In order to not violate any laws, what is the verbiage you recommend in order to maximize their willingness to continue with the call being recorded, without scaring them off?
Here are a several ideas to use:
- I am required to notify you that this call may be recorded.
- I am required to notify you that this call is be recorded.
- All calls on this line may be recorded.
- All calls on this line are recorded.
Do all these meet the legal requirements for recording a telephone call?
Which of the above do you recommend, or do you recommend anything better?
Note: The calls currently originate in California (USA), and the companies called are often located in California, but not always. Some of the calls are with Medicare or CMS (government agencies).