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  #1  
Old 06-21-2011, 02:20 PM
David Mescon David Mescon is offline
 
Join Date: Nov 2009
State: California
Professional Status: Retired Appraiser
Posts: 2,534
Default Protect Yourselves

Perhaps because so many companies we deal with on the phone warn us that "this call may be recorded for quality control purposes" or some such drivel, most people are of the mistaken belief that they cannot record phone calls without the other party's permission. This is usually not the case. Only eleven states, and the District of Columbia mandate two party consent. The other thirty-nine states require the consent of only one party, which means, in those states, you may record telephone conversations without the other party's permission or knowledge.

In my experience, it is often difficult to get bad guys to implicate themselves in writing, but it is often easy to get them to do so verbally. This is because they too believe that you need their consent to record your conversations with them. The link below gives lists of one and two party consent states, as well as references for each state's laws regarding such recordings.

Nothing quite as fun as letting someone who has just done something illegal, that has harmed you, know that you just recorded them admitting to it all. They always flip out and claim it is illegal to record them, when actually, that is usually not true. You can actually hear the lump in their throat from thousands of miles away. A true NIGYYSOB moment, (now I got you you S.O.B.)

Remember, forewarned is forearmed.


http://www.aapsonline.org/judicial/telephone.htm
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  #2  
Old 06-21-2011, 02:28 PM
Refuse2Lose Refuse2Lose is offline
 
Join Date: Apr 2011
State: New Jersey
Professional Status: Certified Residential Appraiser
Posts: 23
Default

Are you implying we should call our AMC's and get them to admit they dish our the assignements based on lowest fee?
If so, where do i send the recorded call to in order to get some action? that would be a most useful piece of the puzzle.
It is very simple to get the AMC's to admit it, I have had the conversation with many and I can always get them to say it. There are some seasoned veterans that may not bend, but you can always find the young one with a quick tongue. either they dont care, dont remember or were not trained on what they can or cannot (should or should not) say on the phone. Im sure two years ago any and everyone in a AMC was trained about the hush hush of fees. But these companies experience more turnover than a strip joint and you they just oooze with a lack of professionalism. getting the admissions is simple. what to do with them??
  #3  
Old 06-21-2011, 02:46 PM
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Riick Riick is offline
 
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Location: DuPont: "Better Living through Chemistry"
State: Delaware
Professional Status: Certified Residential Appraiser
Posts: 8,963
Default

My own experience about recording is perhaps instructive.
This was not a call to an AMC, but a complaint to a large, generally unresponsive corporation.
After hearing all too many times that I was being recorded for quality control purposes or maybe it was training,
I told the fellow on the other end that he was being recorded.
....... (( HEY... What's good for the Goose is good for the Gander, NO? ))
He almost couldn't hang up fast enough.
I got through to a supervisor -who could actually do me some good- faster than light on my very next call,
using the threat of recording them as my lever.
If they wouldn't allow themselves to be recorded, then I refused to be recorded,
and thus we were unable to talk, which I was a problem I was going to take to the State Insurance commissioner.
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  #4  
Old 06-21-2011, 02:58 PM
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RSW RSW is offline
 
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State: Tennessee
Professional Status: Certified Residential Appraiser
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Default

So, the way I read it is if you are in a one party state and the caller is in a two party state then it is illegal to tape the conversation:

the interstate call actually implicates three bodies of law, federal law, the law
of the calling-party's state, and the law of the called- party's state. Each law must be obeyed.
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  #5  
Old 06-21-2011, 03:05 PM
David Mescon David Mescon is offline
 
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State: California
Professional Status: Retired Appraiser
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Default

Quote:
Originally Posted by Refuse2Lose View Post
Are you implying we should call our AMC's and get them to admit they dish our the assignements based on lowest fee?
If so, where do i send the recorded call to in order to get some action? that would be a most useful piece of the puzzle.
It is very simple to get the AMC's to admit it, I have had the conversation with many and I can always get them to say it. There are some seasoned veterans that may not bend, but you can always find the young one with a quick tongue. either they dont care, dont remember or were not trained on what they can or cannot (should or should not) say on the phone. Im sure two years ago any and everyone in a AMC was trained about the hush hush of fees. But these companies experience more turnover than a strip joint and you they just oooze with a lack of professionalism. getting the admissions is simple. what to do with them??

Keep them safe and dry. I believe there will be some type of action against these bad guys in the near future, at which time your "evidence" will be invaluable.
  #6  
Old 06-21-2011, 03:12 PM
David Mescon David Mescon is offline
 
Join Date: Nov 2009
State: California
Professional Status: Retired Appraiser
Posts: 2,534
Default

Quote:
Originally Posted by RSW View Post
So, the way I read it is if you are in a one party state and the caller is in a two party state then it is illegal to tape the conversation:

the interstate call actually implicates three bodies of law, federal law, the law
of the calling-party's state, and the law of the called- party's state. Each law must be obeyed.

This is incorrect. I just confirmed it with a good friend who has decades of experience as a covert surveillance geek with a major metropolitan PD. State law dictates your responsibility in this regard. If you are in a one party consent state, you may record another party anonymously and without their permission - whether or not the other party is in a one party consent state or a two party consent state. There is no federal law trumping this. There are some gray areas with regard to VOIP links, but they would not generally apply.

Last edited by David Mescon : 06-21-2011 at 03:20 PM. Reason: correct error
  #7  
Old 06-21-2011, 03:33 PM
RSW's Avatar
RSW RSW is offline
 
Join Date: Feb 2002
State: Tennessee
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Default

Quote:
Originally Posted by David Mescon View Post
This is incorrect. I just confirmed it with a good friend who has decades of experience as a covert surveillance geek with a major metropolitan PD. State law dictates your responsibility in this regard. If you are in a one party consent state, you may record another party anonymously and without their permission - whether or not the other party is in a one party consent state or a two party consent state. There is no federal law trumping this. There are some gray areas with regard to VOIP links, but they would not generally apply.
Each law must be obeyed.

This is the section that concerns me!
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  #8  
Old 06-21-2011, 03:39 PM
David Mescon David Mescon is offline
 
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State: California
Professional Status: Retired Appraiser
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Default

Quote:
Originally Posted by RSW View Post
Each law must be obeyed.

This is the section that concerns me!
When I'm in the state of California, I cannot allow anyone to ride in the back of my pickup truck. When I'm in Hawaii, I can. The state you are in is the state that has jurisdiction over your actions in the vast majority of instances, (typically, unless you violate federal law). The only state laws that apply to you are the laws of the state in which you are located. Another example: In New York, women are allowed to be topless. I believe that is the only state which allow this. Just because it is illegal in Florida doesn't mean that the Florida law will apply to you when you are in New York - even if you are just visiting.
  #9  
Old 06-21-2011, 03:42 PM
Lost Cause Lost Cause is offline
 
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State: New York
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Since no one is ever going to be criminally charged with unpermitted recording of phone calls, I would record them all. Those that turn out to be illegal may not be able to be used in court, but they could contain priceless information.
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  #10  
Old 06-21-2011, 03:48 PM
RSW's Avatar
RSW RSW is offline
 
Join Date: Feb 2002
State: Tennessee
Professional Status: Certified Residential Appraiser
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Default

Quote:
Originally Posted by David Mescon View Post
When I'm in the state of California, I cannot allow anyone to ride in the back of my pickup truck. When I'm in Hawaii, I can. The state you are in is the state that has jurisdiction over your actions in the vast majority of instances, (typically, unless you violate federal law). The only state laws that apply to you are the laws of the state in which you are located. Another example: In New York, women are allowed to be topless. I believe that is the only state which allow this. Just because it is illegal in Florida doesn't mean that the Florida law will apply to you when you are in New York - even if you are just visiting.
I'm moving to New York!
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