According to the affidavit, 42-year-old Briana Boston used the phrase during a call with BlueCross BlueShield about a denied claim.
Her problem is that she said it over the phone, every company records all phone calls, they always have an automatic voice saying “this call will be recorded for quality and training purposes” that makes anything you say after implied to have given consent for the recording, bypassing any two-party comsent laws.
I don’t dispute the fact that corporations and rich people have preferrential treatment, but having evidence like a phone call recording is what’s ultimately gonna get law enforcement to act.
If you have a video of someone saying “I’m gonna get my gun and shoot you until your’re dead” to your face, that would probably have higher chances of getting law enforcement to act rather than just a “he said she said” heresay. No guarantees that they’ll act (cops are mostly lazy and don’t wanna do their jobs), but its much much better than just you claiming they threatened you without providing any evidence.
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?
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.
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.
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.
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.
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.
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.
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.
In the Article:
Her problem is that she said it over the phone, every company records all phone calls, they always have an automatic voice saying “this call will be recorded for quality and training purposes” that makes anything you say after implied to have given consent for the recording, bypassing any two-party comsent laws.
I don’t dispute the fact that corporations and rich people have preferrential treatment, but having evidence like a phone call recording is what’s ultimately gonna get law enforcement to act.
If you have a video of someone saying “I’m gonna get my gun and shoot you until your’re dead” to your face, that would probably have higher chances of getting law enforcement to act rather than just a “he said she said” heresay. No guarantees that they’ll act (cops are mostly lazy and don’t wanna do their jobs), but its much much better than just you claiming they threatened you without providing any evidence.
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?
Legally, the fact that you didn’t hang up the phone after that disclaimer means you consented.
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.
They consent by continuing the call. They can otherwise hang up
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.
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.
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.
You can literally choose to not say anything about threatening or murdering someone over a recorded call.
Yes of course. But maybe we don’t have to stick only to specific bad example and can speak to the practice in general, perhaps?
I mean it’s literal common sense but sure
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?
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.
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.
It depends on the state. Not all states have two-party consent.