Recording a telephone conversation

[nobbie48]

I am under the impression that recording a call is legal as long as one party is aware of the call being recorded. However when can the recording be used?

Someone told me it could only be used in a criminal case. In other words if you had a recording of a vendor making a promise that is later broken, the case would be a civil suit not criminal and the recording couldn't be used.

Any clarifications?

 

[Lightcycle]

I am under the impression that recording a call is legal as long as one party is aware of the call being recorded.

Only for private conversations. Canada is a "one-party consent" country. However, if it's for business-related purposes, like:

if you had a recording of a vendor making a promise that is later broken

Then this falls under the business privacy act, PIPEDA. In such cases, you have to inform the customer (or business partner) that the call is being monitored or recorded. You've probably heard the recorded message when you reach a customer call centre, "This call may be monitored and recorded for quality assurance purposes". If you haven't done this, then you may be in breach of privacy laws for surreptitiously recording a business conversation.

 

[Mad Mike]

You can film or record a conversation face to face secretly. When you use a telephone, the recorded party(s) need to be informed the call is being recorded.

Criminal vs civil has nothing to do with the recording, it has to do with the action. If the activity rises to meet the bar for a criminal fraud or theft charge, cops are more likely to peruse.

"Hey, you stole my bike"
"ha ha, ya I did. I chopped it up and sold the parts"
...Theft, Criminal case

"Hey you told me this bike had never been dropped!"
"Ha ha. Buyer beware dummy!"
...Civil case

 

[Evoex]

You can film or record a conversation face to face secretly. When you use a telephone, the recorded party(s) need to be informed the call is being recorded.

Doesn't appear to be the case?

Section 184 of the Criminal Code states that recording private conversations is legal as long as one of the parties involved in the call consents to the recording.

It’s called the “one party consent” exception.

Is it legal to secretly record phone calls like Jody Wilson-Raybould did? What you need to know

 

[Michael0124]

"This call may be monitored and recorded for quality assurance purposes".

Years ago when signing up for cable package I was told on the phone a specific channel was included, when in fact it wasn't. When I called to ask about it I was told sorry, not included. I was ******, I felt misled into signing a contract and then told I would have to pay more to get the channel. Supervisor comes on the phone and asked for a few minutes to review the original call. To my surprise she came back and said yes, the rep had mistakenly told me that it was included and because of that they gave me the extra package for free for the term of the contract. That recording saved me a bit of money and a lot of headache.

 

[Evoex]

"This call may be monitored and recorded for quality assurance purposes".

Years ago when signing up for cable package I was told on the phone a specific channel was included, when in fact it wasn't. When I called to ask about it I was told sorry, not included. I was ******, I felt misled into signing a contract and then told I would have to pay more to get the channel. Supervisor comes on the phone and asked for a few minutes to review the original call. To my surprise she came back and said yes, the rep had mistakenly told me that it was included and because of that they gave me the extra package for free for the term of the contract. That recording saved me a bit of money and a lot of headache.

Once in awhile when i hear the recordings i wonder if i'll ever use this against them lol.

 

[nakkers]

I am under the impression that recording a call is legal as long as one party is aware of the call being recorded. However when can the recording be used?

Someone told me it could only be used in a criminal case. In other words if you had a recording of a vendor making a promise that is later broken, the case would be a civil suit not criminal and the recording couldn't be used.

Any clarifications?

When it comes to vendor promises and verbal agreements, it still gets blurry. What was the promise(s) made?

Generally, what is binding is signed agreements.


If you are curious about warrenty work or dealer installed products or something else, it’s not as easy as showing up at the lawyer’s office with a recording and demanding the vendor make good.

Does the person on the other side of the conversation have the authority to make a promise etc.

It’s usually the totality of the evidence such as recording and communications in writing together that help.

As for criminal and civil, it was addressed. Depends on the dispute and conversation.

Did they promise to sell you something at a price and renege? It happens.

Did they acknowledge servicing a vehicle and it failed or something of that nature?

Are you out financially?




Sent from my iPad using Tapatalk

 

[SunnY S]

my calls are all recorded (android: call recorder)

Once, when I was negotiating with Telus for a new cell contract, the agent Promised me an important feature on my package. Of course, after I signed, it wasn't there, and he Denied he offered this ( I suspect he was just trying to make a sale and telling me what I want to hear hoping I wouldnt notice) and said this feature is no longer available.

Call recorder save me. and they didnt care that I recorded the conversation.

 

[Jayv]

Negotiations of any kind either selling or buying is through email or text.

So such much safer that way, works wonders when dealing with Rogers or TELUS . I particularly like dealing with these type of firms through social media, much quicker with their responses and they seem to be of above average intelligence on the other end ...you don’t get that from phone calls.

 

[Mad Mike]

When it comes to vendor promises and verbal agreements, it still gets blurry. What was the promise(s) made?

Generally, what is binding is signed agreements.


If you are curious about warrenty work or dealer installed products or something else, it’s not as easy as showing up at the lawyer’s office with a recording and demanding the vendor make good.

Does the person on the other side of the conversation have the authority to make a promise etc.

It’s usually the totality of the evidence such as recording and communications in writing together that help.

As for criminal and civil, it was addressed. Depends on the dispute and conversation.

Did they promise to sell you something at a price and renege? It happens.

Did they acknowledge servicing a vehicle and it failed or something of that nature?

Are you out financially?




Sent from my iPad using Tapatalk

Negotiations of any kind either selling or buying is through email or text.

So such much safer that way, works wonders when dealing with Rogers or TELUS . I particularly like dealing with these type of firms through social media, much quicker with their responses and they seem to be of above average intelligence on the other end ...you don’t get that from phone calls.

Telecom (internet, cable and phone companies) and carriers (freight and package services) outsource most of their phone work to contract call centers. They NEVER do that with email or social media -- you're always communicating with a well trained company person.

Banks and gov't are different, there isn't much difference as they typically run their own call centers for everything but the simplest activities.