Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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How many of you have noticed if the phone lines are recorded when you speak to the doctor for your consultation. That faint beep (sometimes very faint) you hear every 15 to 30 seconds is the FCC requirement to let you know the lines are being recorded. I've noticed it at 2 different Consultation services so far in the past 14 months! Although ordering meds online is "legal", I'm curious why they would wan't the lines recorded, unless it's just to justify to the DEA a valid doctor/patient relationship if they are ever questioned. Any ideas? Take care!
M
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konagirl222
Newbie
Reged: 12/16/03
Posts: 34
Loc: Hawaii
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I don't recall hearing the "beeps" during the phone consults. I was under the impression that federal law requires that you be informed when phone calls are being taped. Maybe there are changes in the law that I'm not aware of?
KG
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JOJOM
Banned for off topic discussions, confronting mods in public, and being unpolite to members and mods
Reged: 08/16/03
Posts: 358
Loc: Yankee
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I think by law they must state " your call may be monitored for quality assurance" I think this is still the law???
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Nothing makes a woman more beautiful than the belief she is beautiful.
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Winter
Member
Reged: 04/08/03
Posts: 105
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Nope I have never noticed any beeps. Wow thats kinda creepy! Maybe someone knows the laws but I thought they had to tell you fisrt.
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Life is not measured by the number of breaths we take, but by the moments that take our breath away.
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Norcoww
Norcoworldwide.com
Reged: 10/31/03
Posts: 965
Loc: South East
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Yes, Jo. You are correct. -C
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http://www.norcoworldwide.com
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catmom
Board Addict
Reged: 06/20/03
Posts: 320
Loc: Midwest
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Yet another thing to need more anti-anxiety meds for!!! LOL Catmom
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If it's not immediate, it's not gratification.
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Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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In 13 states, they are required to notify you either by saying "This call may be monitored for quality assurance" or by a series of beeps at least every 15 seconds. That's the Federal law! Either one or the other or both, depending on the company. State laws vary. In 13 states in the US, all parties to a conversation must consent to the recording, or else it is a 3rd degree felony, however, if you place the call and are either notified by voice or hear the beep (tone) that is considered Implied Consent, and therefore bocomes a legally recorded conversation in the eyes of the FCC, Federal Government, and Federal Appellate Courts! This can be verified at this address:
www.rcfp.org/taping/
M
Edited by Dasani (02/12/04 10:22 AM)
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Sweetz
Diamond Mind
Reged: 05/11/02
Posts: 765
Loc: Texas!
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cool, I didn't have to post any of that,thanks Dasani! It's true, it varies from state to state. Texas is a one party recording state. So, a convo can be recorded as long as one person knows, usually the person doing the recording, LOL. this issue comes up a lot when discussing divorce issues as people will say things on the phone they might not want a judge to hear.
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"If you choose not to decide you still have made a choice."
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turcica
seeker
Reged: 12/21/03
Posts: 312
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I heard the beeping with an OP I was "window shopping" with a few months ago as well. I asked them why they were recording and the girl said for "security purposes". Anyway, I was just asking general questions from the office personnel. turcica
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turcica
The only failure is not knowing how to be happy
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yawkaw3
Pooh-Bah
Reged: 03/22/03
Posts: 1193
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I've never noticed this before....what OP's do you hear the beeps with?
-yawkaw
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Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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I'll PM you. I don't want to drop a dime on anyone.
M
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Norcoww
Norcoworldwide.com
Reged: 10/31/03
Posts: 965
Loc: South East
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Wow! I stand fully corrected: PLEASE NOTE, I did not read that post correctly...I thought you were asking about monitoring a conversation with CUSTOMER SERVICE; NOT the practitioner! If someone is monitoring anything, you must be notified.
I am very sorry, I hope I did not worry anyone. Your consults are confidential.
-Chris
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http://www.norcoworldwide.com
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Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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One more thing guys....If I responded to your PM's with the names of the OP's that record lines, please don't post it on a public website, as the companies have told me that by doing so, that person may be held liable for slander and defamation against that company. So keep it on the down-lo and only use those OP's if you feel comfortable...And don't worry Chris, NWW is not on the list. Have a good one.
M
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Norcoww
Norcoworldwide.com
Reged: 10/31/03
Posts: 965
Loc: South East
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I know.
-Chris
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http://www.norcoworldwide.com
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Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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Chris,
I only made that comment for everyone else's benefit. We wouldn't want to scare any NWW customers away, now would we?
Of course you know the NWW lines aren't recorded, but everyone else doesn't. BUT THEY DO NOW!!! See ya'll later.
p.s. I just found another one (actually this one is a pharmacy) while doing some investigative work. Very interesting.
M
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PrivateRealm
Threadhead
Reged: 03/18/03
Posts: 879
Loc: usa
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I have never noticed this before, but I bet I will now that I am paying attention to it. 
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KeriAnne~~~
"Life is not measured by the number of breaths we take - but by the moments that take our breath away."
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difficult
Journeyman
Reged: 12/29/03
Posts: 76
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maybe just your line is tapped???
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uga81
Enthusiast
Reged: 02/10/03
Posts: 223
Loc: North Georgia
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It has nothing to do with the Feds. It's the state that issues the guidelines. For the most part there are two camps. One, states that mandate if you are recording a conversation that it must be made known to the other party. Two, the states that say it is permissable to record any conversation you are part of without notifying the other party. So, depends on the state in which the recording party is located. They have jurisdiction over that party.
Remember, this was a big issue when Linda Tripp was defending her recording of conversations with Paula Jones, Monica Lewinsky and others.
FYI
Barney
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"Life is tough. It's tougher if you are stupid." John Wayne
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Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1241
Loc: Southwest U.S.
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Quote:
In 13 states, they are required to notify you either by saying "This call may be monitored for quality assurance" or by a series of beeps at least every 15 seconds. That's the Federal law! ...
Federal law applies everywhere, though they could write the law so that it applies only to interstate calls. There's no federal law that applies only to people in 13 states. That would be unconstitutional under Equal Protection.
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Your mileage may vary ...
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hoop123
Enthusiast
Reged: 12/14/01
Posts: 258
Loc: New York
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Phone tapping , meaning wiring into the line to listen in for possible illegal activities takes a court order. That is only when LE is involved. If I'm not mistaken anyone can record a telephone connversarion as long as one of the parties involved knows. Meaning that if you have been harrassing me I can record the telephone conversation and it is not illegal because I am not LE and I being one of involved parties knew about the recording. This is what I believe to be the spirit of the law. It may be different from state to state or on the Fed level. But in NY, if someone is accused of domestic violence and has an order of protection, which usually incudes an area of space. Meaning that person cannot come within a certain amount of feet, lets say 300 feet of them, in this order usuallly includes an harrasment rider. Meaning , don't call work, no harrassing phone calls, etc. So these are sometimes hard to prove. I have seen many cases of the person who has the order of protection record the harrssing phone conversation, and use it in court to violate the order. In most cases combined with the phone records, it is usually enough for the harrasser to violate that order. Sorry to be long winded. It is a gray area and very difficult to explain. But recently we have had a change in the no call law , meaning if you apply to the list, and in this case I speak only of the NY case, you are not to be solicited by telemarketers. In thet case I would in fact record the conversation, might even go as far as telling the other party, and asking to be removed from their list . There are stiff penalties for violating this law. If they are caught the fines alone would bankrupt them. This is just my opinion. I have used these tactics in the past. I have been told by my attorney what I stated before, and I don't know if it's state or fed, but only one party involved must know about being recorded. It really gives you something to thnk about. But people should't worry. Althought , The Patriot Act has changed some of our rights the issues I've discussed are between ordinary people to people. Not LE. Once LE gets involved they must get a warrant or a Judges order for a wire tap. Enough out of me. Soory for the long post. Explaining difficult issues is not my strong point.
Best regards,
Hoop
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Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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Apparently I didn't explain myself clearly. What I meant when I said "that's Federal law" is that the Federal Govt. allows each state to dictate it's own recording and wiretapping laws via each state's constitution, hence the 13 state exclusion. As to whether or not a Federal law applies to interstate calls, I do not know, but there is a Federal US Code that covers recording and wiretapping.
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Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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Difficult,
After being in my line of work for so long, I'm sure I would know if it was my line exclusively or if it was the OP's line. Besides, when I asked the OP services if there lines were recorded they said "yes", because they have to disclose that information if you request it!
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buey
Old Hand
Reged: 01/15/03
Posts: 453
Loc: USA
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Read the Patriot Act.
Under the act, if the govt thinks you MAY be involved in any type of activity regarding homeland security, they can now tap phones without you even knowing. They do not have to inform you. As a matter of fact, if you become a target for any reason, your records can be seized, phones tapped, etc...and there is a gag rule on the employees of any company turning over records. If they inform you, they can be prosecuted.
While this does not have anything to do with OPs, it has a lot to do with liberty and freedoms and how the laws have changed. And the govt needs very little to get an investigation going. They can say they have good reason to believe, blah, blah...the hell with warrants and pesky little things like that.
If anyone does not believe me, go read the entire Patriot Act and be prepared to be very scared.
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Dasani
Enthusiast
Reged: 10/29/03
Posts: 286
Loc: FL
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Buey,
Absolutely, no one is disputing that fact. Even before 9-11 and the Patriot Act, the Govt. could still tap or trace a line very easily. All the Patriot Act does is give them permission to do it without a judges signature beforehand. Under the Patriot Act, they have 30 days from the day they tap a line to ascertain a judges signature after showing probable cause, if they fail to do so, they must discontinue use of the pen/trap/trace or seek an extension through a process they call arbitration, which is actually where they just plead with the panel of judges to grant them another 30 days to produce probable cause or reasonable suspicion.
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Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1241
Loc: Southwest U.S.
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Quote:
One more thing guys....If I responded to your PM's with the names of the OP's that record lines, please don't post it on a public website, as the companies have told me that by doing so, that person may be held liable for slander and defamation against that company. So keep it on the down-lo and only use those OP's if you feel comfortable...And don't worry Chris, NWW is not on the list. Have a good one... M
Well, any OP that tells you such a thing sounds disreputable and they'd lose in court if they were foolish enough to sue someone for telling the truth. Prevailing in a suit would require that the statement was false *and* that it caused them monetary damage. Since they're not public figures, they wouldn't have to prove malicious intent or that the statement was made with knowledge of its falsehood.
Because of the 1st Amendment, tort law grants the defendant more leeway than in most damage suits. The burden of proof would be clearly on the plaintiff and they would have to clearly prove with preponderance of the evidence that 1) the statement is false, and 2) that it caused them monetary damage that can be quantified. It sounds preposterous, frankly, that any OP could or would sue anyone and win anything over something so trivial as disclosing whether they record conversations ... even if the person made the claim in error.
In any event, whether public figure or not, a showing of the truth of the statment by the defendant is an absolute defense to any accusation of slander or libel.
If a court held that a slander/libel lawsuit was frivolous, the defendant is usually ordered to pay the defendant for all legal and other expenses incurred. Some states also allow for punitive damages from such nuisance lawsuits.
Please do us all a favor and tell us which OP(s) are so unscrupulous that they resort to such low tactics to intimidate their customers. They don't have a legal leg to stand on if they brought suit and all they'd do is damage themselves. Why should we do business with such a place? Why do business with a place that considers their customers enemies that they want to record secretly?
Trampy
P.S. Defamation of Character lawsuit? If they brought such a suit they'd be implicitly acknowledging that their taping was malfeasance (or a bad act).
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