Recorded phone calls

[jjoerger]

I learned a couple of days ago that when we are put on hold by our carrier the call continues to record. I just assumed that when on hold and I am talking to my wife that we are having a private conversation. Not so, everything you say is being recorded and when they have to go back through the tapes they will here what was said.

 

[JimF51]

yep. That's why I always would grumble about being on hold, especially on a departure call for a load they want to go ASAP. Or grumble about having to listen to recorded message geared to customers, not contractors.

Big Bro watches

 

[leezaback]

That is so not right ! Invasion of my privacy

 

[OntarioVanMan]

That is so not right ! Invasion of my privacy

How so?....You know every call is recorded..we all know that....

Don't make a personal call while doing business...or just keep the lips zipped till you are done....gee whiz...

 

[mcavoy33]

How so?....You know every call is recorded..we all know that....

Don't make a personal call while doing business...or just keep the lips zipped till you are done....gee whiz...

Or use it to your advantage andbrown nose a little and talk up how fair this dispatcher is and how he always comes through for you.

Make him feel like a real douche if he can't get you what you asked lol

 

[OntarioVanMan]

Or use it to your advantage andbrown nose a little and talk up how fair this dispatcher is and how he always comes through for you.

Make him feel like a real douche if he can't get you what you asked lol

that works too....LOL....

 

[bikerpaul]

The U.S. Supreme Court has ruled on this several times, saying it's the employers property, and by agreeing to work for them, you agree to how they use it. If you feel that it's invading your privacy that you can't live with it, quit and go somewhere else. My employer records calls, and several times it has worked to my advantage several times now.

 

[greg334]

Hate to break the news to you Paul, the carrier has a legal obligation to inform each and every contractor who calls in that they are being taped for business purposes.

The SC has not ruled on that, the ruling came from the 10th cir decision. The exemption is based on the need to check the quality of the work being done and it is limited in scope and application. If it is of a contractor relation issue, it can be considered off limits because it has nothing to do with the quality of service to the customer.

IF they are recording things that are not business related, or when you are on hold, then they can't use the exemption. It has to be business related and can't be done on-hold.

IF the company is in Michigan, the Michigan statues are clear, there has to be a consent of both parties with each conversation, the federal exemptions do not apply, the SC I understand ruled that the states trump the feds on intrastate communications.

 

[cheri1122]

yep. That's why I always would grumble about being on hold, especially on a departure call for a load they want to go ASAP. Or grumble about having to listen to recorded message geared to customers, not contractors.

Big Bro watches

I did exactly the same [just assumed it was being taped] several years ago, and you can see - er, hear, how well it worked.
But I think Greg is correct: the assumption that the disclaimer about calls being recorded is generally taken to exclude the period on hold.

 

[ATeam]

How so?....You know every call is recorded..we all know that....

You may know it. I did not until jjorder shared what he knew. I knew calls were recorded but did not know what I said when on hold (which is a lot at FedEx) was recorded too. Had I known when Diane and I were with FedEx, I would have done what JimF51 does and used it to my advantage.

 

[OntarioVanMan]

You may know it. I did not until jjorder shared what he knew. I knew calls were recorded but did not know what I said when on hold (which is a lot at FedEx) was recorded too. Had I known when Diane and I were with FedEx, I would have done what JimF51 does and used it to my advantage.

I am no tech wiz...but in my mind the line is still active...I just assumed it would still be recording..

 

[paullud]

I am no tech wiz...but in my mind the line is still active...I just assumed it would still be recording..

It depends on the company and what they want to do, at Verizon the recording is dead while on hold.

Posted with my Droid EO Forum App

 

[OntarioVanMan]

It depends on the company and what they want to do, at Verizon the recording is dead while on hold.

Posted with my Droid EO Forum App

That makes sense....why record minutes of dead air?

 

[Bruno]

Hate to break the news to you Paul, the carrier has a legal obligation to inform each and every contractor who calls in that they are being taped for business purposes.

The SC has not ruled on that, the ruling came from the 10th cir decision. The exemption is based on the need to check the quality of the work being done and it is limited in scope and application. If it is of a contractor relation issue, it can be considered off limits because it has nothing to do with the quality of service to the customer.

IF they are recording things that are not business related, or when you are on hold, then they can't use the exemption. It has to be business related and can't be done on-hold.

IF the company is in Michigan, the Michigan statues are clear, there has to be a consent of both parties with each conversation, the federal exemptions do not apply, the SC I understand ruled that the states trump the feds on intrastate communications.

Ohio is a one party consent state. So if your carrier is based in Ohio they don't have to inform you that the phone call is being recorded.

http://www.citmedialaw.org/legal-guide/ohio/ohio-recording-law

 

[iceroadtrucker]

Recorded calls don't bother me I hope they are listening maybe they will learn somthing. On a different note if a teacher teaches a subject and 50% of a class pass a test on that subject the teacher is a succes. However if an instructor instructs a class and one person fails the instructor has failed doing their job. Think about it when u are doing your job or are showing some one how to do a job at hand. INSTRUCT THEM WELL!!!! FAILURE IS NOT AN OPTION.

 

[clcooper]

no more boom boom when i am on hold . or maybe i will trun the volume up more LOL make them think

 

[greg334]

Ohio is a one party consent state. So if your carrier is based in Ohio they don't have to inform you that the phone call is being recorded.

Ohio Recording Law | Citizen Media Law Project

Actually not really, when you have a call from Ohio and you are in Michigan, the call falls under the feds - interstate call.

Under the fed's law, the use of the exception us still there but the problem is regardless when people are put on hold it stops being a business related call until it is off hold.

No matter where the carrier is, they need to inform the contractor what they record and how - that has to do with professionalism and respect.

 

[Bruno]

Actually not really, when you have a call from Ohio and you are in Michigan, the call falls under the feds - interstate call.

Under the fed's law, the use of the exception us still there but the problem is regardless when people are put on hold it stops being a business related call until it is off hold.

No matter where the carrier is, they need to inform the contractor what they record and how - that has to do with professionalism and respect.

And the Federal laws states.

Who must give permission to record a telephone or in-person conversation?

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.

In addition to federal law, thirty-eight states and the District of Columbia have adopted "one-party consent" laws and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents. See the State Law: Recording section of this legal guide for information on state wiretapping laws.

When must you get permission from everyone involved before recording?

Twelve states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people.


Michigan is not one of those states Greg.

 

[fastman_1]

Yea the call recording has come back and bit me a few times. Changed the way I feel about my carriers dispatch staff, from now on its nothing but business.

 

[Turtle]

This mainly has to do with the ISO 9001:2000/2008 certification, which is a formalized quality management system to help businesses meet the needs of both customers and other stakeholders in the company. Proper quality management that is extensively recorded (phone, computer, and manual transactions and communications) and tracked improves business, and has a positive effect on investment, market share, sales growth, sales margins, competitive advantage, and avoidance of litigation in many cases. Whether you are a customer or a contractor who calls in, the call will be recorded, any notes taken will be saved, and everything will be coded into a searchable and trackable database so that things like problem resolution can be tracked and graded. When you are on HOLD, it's still part of the process, and definitely part of the phone call, and the recording can stop or continue solely at the discretion of the party recoding the call.

Most businesses announce the possibility of the phone call being recorded or monitored because the ISO 9001 certification says they have to do so. The ISO standards are worldwide standards, not dependent on local laws. If you want that ISO certification, you have to do the things which are required to get and keep the certification.