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[–] 4 points 2 years ago (15 children)

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?

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  • [+] 16 points 2 years ago* (last edited 1 year ago) (7 children)
  • [–] 4 points 2 years ago* (3 children)

    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.

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  • [–] 1 point 2 years ago (2 children)

    You can literally choose to not say anything about threatening or murdering someone over a recorded call.

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  • [–] 4 points 2 years ago (2 children)

    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?

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  • [+] 5 points 2 years ago* (last edited 1 year ago) (1 child)
  • [–] 3 points 2 years 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.

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  • [–] 10 points 2 years ago (3 children)

    They consent by continuing the call. They can otherwise hang up

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  • [–] 2 points 2 years ago (2 children)

    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.

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