| Author |
Message |
Jim Flynt
| | Posted on Wednesday, December 29, 1999 - 10:52 am: | |
Message in response to request by the Flippin' PHANTOM:
PHANTOM, Thanks for your vote of confidence in my abilities, but I do draw the line at practicing law. However, I am posting an excerpt from the Greensboro, NC Phone Directory which I think answers your question, at least with regard to the legality of recording a phone call within North Carolina. Many of the larger city phone directories around the country post similar information regarding their policies or state laws.
"Recording of Two-Way Telephone Conversations
As a general rule, telephone conversations may only be recorded if either (1) all parties to the telephone conversation have given their prior consent to the recording of the conversation, and the prior consent has either been obtained in writing or is made a part of, and obtained at the start of the recording, or (2) a distinctive recorder tone that is repeated at intervals of approximately fifteen seconds is utilized when recording equipment is in use. If you hear a recorder tone during any telephone conversation and you do not want to have the conversation recorded, insist that the recording be stopped or simply hang up."
In all of the classes and training which I have received with regard to taking telephone statements from Insureds or claimants, I was taught to always obtain permission from the party at the beginning of the recorded phone conversation and to make the request, and subsequent permission or denial a part of the recording. I would suspect that to be standard practice within the 50 states.
Hope this helps. |
The Phantom
| | Posted on Tuesday, December 28, 1999 - 9:02 pm: | |
Linda Tripp's recording of Monica Lewinsky's conversations with Linda Tripp resulting in charges being brought before her may surprise some. Apparently, the conversations taped by adjusters with irate insureds to protect their posterity are probably unlawful as well. However, some adjusters say within their states, they can legally record a two party conversation without the consent of the other party as long as the recording party is one of the parties of the conversation. Do any of you out there know if any states allow a recording as such to be lawful. I know that in the state I was trained, we always ask the second party if they understood our conversation was being record.(such as recorded statements & etc.) Tell us your experence along this line and what your thoughts are. How about your input also Mr. Flynt. This is not trap but knowledge every adjuster should have to protect that posterity properly. MY BURGERS ARE NEEDING FLIPPING AGAIN. Later! |
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