> If it's a business I inform them I'm recording the phone call. Much of the time, that ends the call. The business was going to record it too, but now that they know I'm going to record it, they tell me they'll have to end the call and schedule a time to call back when neither of us records it
Why go out of the way to inform them? Whenever I hear “this call may be monitored or recorded,” I figure I’m being given clear consent to record the call in a two-party consent State.
I have wondered about this also. The employee has given consent for their employer to record them, but does that automatically mean they've consented to being recorded by the caller? I don't know that this is true, and it could depend by state.
Regardless, I can't imagine a jury ever finding anyone guilty of breaking the law for doing this (if a company had the nerve to press charges). More relevantly, I would think that judges would be generous in allowing the recording as evidence in a civil suit, where there is discretion. And I'd imagine that in most states there would be room for judicial interpretation, since it's unlikely that a state has a specific law or appellate case that addresses this issue.
My take on it is actually that the phrasing they all use, "this call may be recorded" never specifies ONLY BY THEM. It's very reasonable to interpret that as "you may (also) record this". Like them, I'm also recording it for "quality assurance purposes" - to assure that they provide me quality, honest service. But see my other comment for why I bother telling them sometimes anyway...
> The employee has given consent for their employer to record them, but does that automatically mean they've consented to being recorded by the caller?
The message played at you doesn’t say anything about employer or employee. It simply says “this call may be recorded” so, great, then I can record it!
Well I don't always, actually - I actually had an argument with someone on HN one time who was suggesting that if I didn't tell them I was violating two-party consent even if they said the words "this call may be recorded". But I digress...
When I do tell them, it's because I'm trying to achieve what is said in the article: I'm trying to disincentivize the bad behavior from happening in the first place. I want to cut the bullshit out immediately, not just be well-armed to shame them or take them to court later.
Why go out of the way to inform them? Whenever I hear “this call may be monitored or recorded,” I figure I’m being given clear consent to record the call in a two-party consent State.