I have been having a hell of a time with customer service and accounting department. I have had a number of overcharges and they accidentally shut off my dsl and it took a week to get running again. I have spent hours on the phone and would like to have evidence of what these people are telling me. I have a device for recording phone calls so would I have to tell them they are being recorded? I live in Michigan which has pretty relaxed wiretap laws or so I have heard. Any help appreciated.
Why not they are recording you. Seriously just Google the law. At the most you probably just need to announce at the beginning of the call that it is being recorded and get their consent.
Michigan is a two party consent state. That means all parties must be aware of and consent to the phone conversation being recorded. In the case of an inter-state call, you could be sued in whichever state has the stricter laws against recording. There are twelve two party consent states. Everywhere else, you're free to record without the knowledge of the other side (as long as the call is in-state). Inter-state calls are regulated by the FCC, which requires notification of everyone involved (but not consent). Also, in NY (a one party consent state), a judge might not accept the tape as evidence, in case you decide to sue based on it.
Just do it. Any call center that has the standard blurb of "your call may be monitored or recorded for customer service" already has given implied permission.
I'm not sure if it would imply permission their part though. So when you get someone just repeat that message as it was presented to you. The person on the other end probably won't know what you're talking about and you'll be just as protected as they are.
When on the phone always get a name. Full name and position if possible. It's amazing what gets done when people realize they are accountable. I would just let them know you are recording and ask if its ok. That plus asking them their full name will get you the answers you need. If they say no then ask for their boss. Sent from my ADR6300 using Tapatalk
Ask them if it's ok if you can make a "record" of this conversation and then get their name and job title. By giving that info to you it's authorizing consent.
If they state this call may be monitored or recorded, there is implied consent for them to be recorded. They don't just record you speaking and not the operator but both parties. The operator is already on notice they may be recorded by virtue of the fact their employer tells them so. You are good to go.
