What is the legal position on recording telephone calls where there is a
possibility that the conversation could constitute a contract?

Is it required that the other party is aware of the recording?

If they are not, does that render the recording unusable for proving the
content of the call - that they said something, if they later dispute it?

-- 
Phil Reynolds
DON'T MAIL IN RESPONSE - I am unlikely to read it
Web: http://www.tinsleyviaduct.com/phil/
Waltham 66, Emley Moor 69, Droitwich 79, Windows 95

Phil Reynolds wrote:
> What is the legal position on recording telephone calls where there is a
> possibility that the conversation could constitute a contract?
> 
> Is it required that the other party is aware of the recording?
> 
> If they are not, does that render the recording unusable for proving the
> content of the call - that they said something, if they later dispute it?
> 

If it's a company, write to them to let them know that calls 
made by you to them, or by them to you, may be recorded.

I work for a big company and we get the odd letter telling us 
this, we just put a little note on the file and that's it, 
record away!

-- 
xCx
*Disclaimer*  My opinions are mine and I do not represent 
anyone or any company.

In article <g29fk3$9uk$1$8302bc10@news.demon.co.uk>, phil-
news@tinsleyviaduct.com says...
> What is the legal position on recording telephone calls where there is a
> possibility that the conversation could constitute a contract?
> 
> Is it required that the other party is aware of the recording?
> 
> If they are not, does that render the recording unusable for proving the
> content of the call - that they said something, if they later dispute it?

IANAL but my understanding of a past court case advice was that the non-
verified recording by itself would be inadmissable, but a transcript 
"made immediately after the call recording your recollection of the 
call's content" would be admissable.  If it is challenged, you can then 
ask the court if they would accept a recording made during the call as 
corroborating your transcript.  If that is agreed, then the recording 
would be accepted as evidence

-- 
John W
To mail me replace the obvious with .co.uk twice

On Thu, 5 Jun 2008 19:42:59 +0000 (UTC), Phil Reynolds
 wrote:

>What is the legal position on recording telephone calls where there is a
>possibility that the conversation could constitute a contract?
>
>Is it required that the other party is aware of the recording?

a lot of them give you permission - often the spiel from the call
centre software say "calls may be recorded".....

they probably mean they want you to know they might do it, but often
that isnt what the message actually says.
>
>If they are not, does that render the recording unusable for proving the
>content of the call - that they said something, if they later dispute it?

So tell them. 
As soon as the "we record calls" message comes up, or any other stuff
say "I may record this call". 
It is not your problem if they cannot handle someone talking
back......

FWIW it may even be a good way to chop all those cold calls from
another continent off at the knees.
-- 
Regards

stephen_hope@xyzworld.com - replace xyz with ntl

"Phil Reynolds"  wrote in message 
news:g29fk3$9uk$1$8302bc10@news.demon.co.uk...
> What is the legal position on recording telephone calls where there is a
> possibility that the conversation could constitute a contract?
>
> Is it required that the other party is aware of the recording?
>
> If they are not, does that render the recording unusable for proving the
> content of the call - that they said something, if they later dispute it?
>
> -- 
> Phil Reynolds
> DON'T MAIL IN RESPONSE - I am unlikely to read it
> Web: http://www.tinsleyviaduct.com/phil/
> Waltham 66, Emley Moor 69, Droitwich 79, Windows 95

A certain North West Bank now with a different name used to try this one on. 
They would cold call customers and mention recording very quickly, but claim 
it was for the customer's protection.  The sales vultures would ask a number 
of questions which would have people agreeing to a credit card.  If people 
later refused it would mean more calls asking why they had previously agreed 
and the threat of legal action.
Never trust a sales person!  They sell to get commission for themselves, not 
in a customers best interests.

On Thu, 05 Jun 2008 21:17:00 +0000, Stephen wrote:
> FWIW it may even be a good way to chop all those cold calls from
> another continent off at the knees.

Don't worry, they very often don't get through the security,

This is mainly for those companies that make me promises then break them.

-- 
Phil Reynolds
DON'T MAIL IN RESPONSE - I am unlikely to read it
Web: http://www.tinsleyviaduct.com/phil/
Waltham 66, Emley Moor 69, Droitwich 79, Windows 95

On Thu, 05 Jun 2008 19:42:59 +0000, Phil Reynolds passed an empty day by
writing:

> What is the legal position on recording telephone calls where there is a
> possibility that the conversation could constitute a contract?
> 
> Is it required that the other party is aware of the recording?
> 
> If they are not, does that render the recording unusable for proving the
> content of the call - that they said something, if they later dispute
> it?

Funny question, and one that I have a bit of experience with. I record 
all calls (have a PC set up recording 1 X PSTN and 3 X VOIP). It came in 
very handy when I had some issues with Sky who just did not want me to 
cancel.

To cut a long story short there was a dispute, they claimed I owed them a 
couple of months money, I said I had cancelled. Letters back and forward 
including a recording of the call. They got a bit irate saying I had not 
made them aware that calls were recorded. I pointed them to the first 
portion of the call where their own system warned ME that calls may be 
recorded. With this in mind it was reasonable that the member of staff 
was aware that he was being recorded by someone.

So, if you are recording someone and have already heard the disclaiming 
magic words 'Calls may be recorded' when the call is set up - it is fair 
to say you are covered. Other than that I tell people that all calls are 
recorded.

Further to this a family member was given an on the spot fine for calling 
when he was drunk and threatening to shoot us all. He was not told that 
he was recorded but the Police were happy to use the recording to issue 
the ticket. If it would have held up in court I don't know.