Comments on: If Your Medical Insurance Carrier Calls You And Is Recording You Without Notification, Is It A Federal Crime?

By: TheyCall

TheyCall — Mon, 09 Nov 2009 16:12:36 +0000

depends on state law.. I would check with that particular state

By: caffeyw

caffeyw — Mon, 09 Nov 2009 09:26:17 +0000

Two things come into play. First off generally the contract between the company and person will have a clause stating that they can record. Note that it may not list it word for word, it may just say that you agree to the “policies” set by the company or may say directly that you agree to recording.
Next if that’s not the case there’s state law. In general there is nothing illegal about recording a conversation on the phone as long as 1)the person/company recording is a party to the conversation (ie I can’t wiretap your phone and record the conversation) or 2)there’s a warrant allowing a government organization to record a conversation.
Federal law is only going to come into play if it involved wire-tapping. Otherwise conversations are under the rules of the contract or state law (if any is applicable)

By: murphy

murphy — Mon, 09 Nov 2009 04:57:11 +0000

Laws may be by state. In my state (CA) I believe as long as one party is aware and permitting recording, it’s okay. Smarmy isn’t it!

By: Old Dawg

Old Dawg — Sun, 08 Nov 2009 23:04:34 +0000

If you have a family lawyer ??
This would be something that only he would be able answer and possibly help your friend with this problem.

By: Scottee2

Scottee2 — Sun, 08 Nov 2009 19:09:58 +0000

No, it is not illegal to record a phone conversation if either a) it is being recorded by one of the parties or b) is being conducted by a 3rd party (i.e. law enforcement) that has a warrant issued by a court to do so. You are legally allowed to consuct recordings of all of your phone conversations without ever notifying the other party about it.

By: Mekayla

Mekayla — Sun, 08 Nov 2009 14:58:38 +0000

It just depends in certain states it is LEGAL to record, as long as 1 party is aware that the conversation is being recorded. So therefore your friend would not have to be notified, however, most national companies to be above board and to ensure they are not calling in a state where this is illegal, they should “announce” that they “could” record the information.
Might want to review the legal information for your state and get the law enforcement involved or legal counsel.
Good luck