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Recording of Telephone Calls in 2 party state

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    Recording of Telephone Calls in 2 party state

    Florida state law makes it illegal to record conversations without all parties consent; this is exactly why many companies will announce on their prerecorded messages that "this call may be monitored or recorded for training purposes" when you first connect with their company telephone lines.

    Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10. Each recorded phone call made illegally that is a felony is punishable by up to five years in prison and a maximum $5,000.00 fine.

    I am beginning to get calls from OCs who want to help me since I am not making payments on my credit cards. Of course they say the call is being monitored or recorded. At that point I ask the lowly representative if they personally consent for this conversation to be recorded. The representative goes beserk everytime and says it is company policy for the phone call not be recorded by me. I point out Florida state law makes it illegal to record conversations without all parties consent; whether I am or am not recording the call that the representative must personally ( not company policy) consent to recording the conversation since they are recording the call.

    By the time we finish arguing about this issue they have forgotten that they originally called me to "HELP" me.

    If you are in a two party state like Florida, you may want to use this approach which makes the phone call duration very short.

    #2
    Originally posted by Martha31 View Post
    Florida state law makes it illegal to record conversations without all parties consent; this is exactly why many companies will announce on their prerecorded messages that "this call may be monitored or recorded for training purposes" when you first connect with their company telephone lines.

    Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10. Each recorded phone call made illegally that is a felony is punishable by up to five years in prison and a maximum $5,000.00 fine.

    I am beginning to get calls from OCs who want to help me since I am not making payments on my credit cards. Of course they say the call is being monitored or recorded. At that point I ask the lowly representative if they personally consent for this conversation to be recorded. The representative goes beserk everytime and says it is company policy for the phone call not be recorded by me. I point out Florida state law makes it illegal to record conversations without all parties consent; whether I am or am not recording the call that the representative must personally ( not company policy) consent to recording the conversation since they are recording the call.

    By the time we finish arguing about this issue they have forgotten that they originally called me to "HELP" me.

    If you are in a two party state like Florida, you may want to use this approach which makes the phone call duration very short.
    I think that is brilliant. Also informative as they know if you say words like yes etc. tapes can be spliced so it seems you are agreeing to some sort of deal. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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