• @dan@upvote.au
    link
    fedilink
    42 days ago

    that makes anything you say after implied to have given consent for the recording, bypassing any two-party comsent laws.

    That… doesn’t sound like two party consent to me. Are you saying that I can tell someone “I’m recording this call” and they don’t have to actually consent, they just have to not mention it?

      • @JovialMicrobial@lemm.ee
        link
        fedilink
        21 day ago

        And if you hang up you can’t deal with the claim denial. So really, wouldn’t that start to tread the line of coercion? If you don’t consent to being recorded we’ll continue to deny healthcare.

          • @JovialMicrobial@lemm.ee
            link
            fedilink
            11 day ago

            Oh absolutely.

            It’s just down right petty how they go out of their way to be evil. Piss people off until they lose control of their emotions and say bunch of shit and record it.

    • ERROR: Earth.exe has crashed
      link
      fedilink
      English
      16
      edit-2
      2 days ago

      You can’t secretly record phone calls in two party consent states. But you can say “Just so you know, this phone call is being recorded” and if they continue to talk, they are implicitly giving consent. At least that’s how it always have worked, otherwise it would’ve been illegal for basically every company to record phone calls. Every called customer service for any reason? Notice how they all tell you that the call is recorded? Its been like this since I ever learned about phone calls. If it’s illegal, you’d be hearing about lawsuits all the time.

      • @Vespair@lemm.ee
        link
        fedilink
        4
        edit-2
        2 days ago

        But you can say “Just so you know, this phone call is being recorded” and if they continue to talk, they are implicitly giving consent

        Which makes it kind of bullshit and not two-party, since in many cases this is effectively the only means of communicating with these companies. There is no real option to not consent, especially in the case of healthcare companies, since it’s not like a person can just choose to not have a body with real medical concerns (and in the US you legally can’t even go uninsured without penalty). Calling this “two party” at this point is a fucking joke.

      • @dan@upvote.au
        link
        fedilink
        42 days ago

        Makes sense. I don’t usually call customer service - I tend to use email or social media where possible, so that I have everything in writing with timestamps, just in case I need to refer back to it or use it as evidence.

        Does that mean I can also record them?

        • ERROR: Earth.exe has crashed
          link
          fedilink
          English
          52 days ago

          You can. I’d also say “Just letting you know, I’m recording this phone call” just to be on the safe side.

          I mean you could always make illegal recordings and you won’t get arrested, its just that it might not be admissible in court.

          And if you live in a one-party consent state, its always legal to record, even when the other person is in a two-party consent state, even without informing or getting consent.

          • @chiliedogg@lemmy.world
            link
            fedilink
            32 days ago

            That’s incorrect twice.

            First off, you don’t have to tell them you’re recording if they’ve already informed you they’re recording. They’ve already consented to being recorded.

            And when recording a conversation across state lines from a single-party consent state to a 2-party consent state, the 2-party rules are in effect.

            Otherwise they could just route all call centers through single-party states and skip the recording.

    • @_cryptagion@lemmy.dbzer0.com
      link
      fedilink
      English
      52 days ago

      Some states you don’t even need that. I live in a one-party state, so I wouldn’t need to tell someone they’re being recorded, as long as I knew they were.