Recording Telephone Calls

From Consumer Wiki

Recording Phone Calls

With thanks to Bankfodder

I am quite sure that you may use your recorded calls as evidence in a harassment case - civil or criminal.

"For your own purposes" is likely to mean not for commercial use or for general publication.

I have no doubt that dislcosure to your legal advisors is perfectly permissible. I think that it is inconceivable that a court would refuse to hear evidence of criminal or civil wrongdoings by a DCA or other commerical organisation simply because the company had not been warned that their harassment would be recorded.

We already have some sound files from DCA telephone calls. I can confirm to you that solicitors who have already heard the recordings have raised absolutely no objection whatsoever to the way in which they have been obtained.

We have also already informed one financial institution that we have recorded evidence against them and they have not even raised the issue of prior consent. I cannot believe that they would dare.

Even if there is a query over the recording of phone calls, I believe that the following arguments can be applied:-

  • Self Defence - reasonable force or other proportionate measures to protect the person or property.
  • Mutuality - companies will be recording their calls to you. You benefit from implied reciprocal consent.

If you are at all concerned about recording your calls, (and you shouldn't be) then simply send a letter to the regiestered office of the company in question and put them on notice that you will be recording any calls they make to you or that you make to them.

Keep a copy of the letter. This formal notice will be more than adequate to make sure that any legal obligations to give prior warning will have been satisfied. There is no need for you to warn each new caller in respect of each new telephone call.

Finally, a plug: Do have look at the Truecall call recorder which has been reviewed by Steve4064. TrueCall digital telephone recorder It is a little pricey but it is an astonishing machine and will help you deal with all of your unwanted calls completely.

We would suggest that for the beginning, you do not screen out calls. Instead, you should set about merely recording calls and gathering evidence.


Formal Notice of Telephone Recording

You do not have to give a warning that you are recording telephone calls if the recording is subsequently to be used for your own purposes.

Your own purposes does include use in any court action or claim against a person or company for harassment. There is no problem about using telephone recordings which have been made secretly as evidence in a legitimate complaint.

However, if you are at all unsure about this, then the matter can be put beyond doubt by serving a general warning to each company you deal with.

Your address

Date

Their address


Dear Sir/Madam

Account reference number: XXXXXXXXXXXX

Notice of Telephone Recording

This is to put you on notice that I routinely record both incoming and outgoing telephone calls and that I may store and use any such recordings for any lawful purposes.

This notice applies to you and equally to any party to whom you may at any time decide to pass on my business for whatever reason.

This formal notice needs no acknowledgement or reply from you.

It has been sent to you by "signed for" Special Delivery.


Yours faithfully



XXXXX Sign the letter.


You do not need to send this letter to each new DCA which contacts you if you have previously sent this notice to the bank or other institution whose business the DCA is handling. This letter covers it all. If your bank can be bothered to send your file to a DCA then the file should include this formal notice. If it doesn't then that is the responsibility of the bank. They should be more careful.

However, don't forget that it is not necessary to put companies on notice if you are using the recordings for your own use.

If you are called by your bank or a DCA and they ask you if you are recording the call, refsue to reply and insist that they continue the purpose of the call or hang up.

Do not get into any discussion as to whether or not you are recording the call. Just refuse to answer or to give any response to such a question at all.

Se our review section for discussions on recording devices and elsewhere on the forum for discussions about call recordng generally. __________________