Port Chester, NY asked in Consumer Law, Contracts, Business Law and Civil Rights for Washington

Q: call a company and they are in a 2 party state and you tell them you do not want the call to be recorded, and they deny

if you call a company and they are in a 2 party state and you tell them you do not want the call to be recorded, and they say then we cannot continue with the call . is this legal? and what are we supposed to do next? we have a account business with them. if something comes up and its urgent or even if not and we need to talk with them and then the call must be recorded, and if there's no option at all for it not to be recorded. can they do this? aren't we the consumer supposed to have the right or option to not have our call recorded? especially when we have a account and or business dealings with them? aren't they by law supposed to offer the option to not have call recorded? we clearly requested the call not to be recorded and the reps denied fully. please explain

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Civil Rights Lawyer
  • Tallahassee, FL

A: Rather than just give you a short curt answer with no explanation, let's try to reason this situation out, OK?

In case you have not noticed, nearly every business on planet earth is recording every conversation had with every customer, about everything talked about, every day, all day, 24/7. Most systems will say they are doing it "to monitor the calls for quality improvement purposes." Oh yeh, right.

Most if not all businesses have been educated by their lawyers to inform each person about to be recorded that they are going to be recorded--before the call goes through. And most (older) recording systems make funny beeping noises as the taping proceeds--which is another big clue. So: I would think that you should pretty well know by now that this universal business practice MUST be legal--if not everyone would not be doing it, right? It is legal.

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