recording a phone call?

Tips and Deals Forums Home Insurance recording a phone call?

This topic contains 0 replies, has 1 voice, and was last updated by  Anonymous 8 years, 4 months ago.

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    Anonymous

    Okay I own photo card business, and sometimes I go to Walmart to get some cards printed.
    I went today and the manager was being an a-hole. I submit 2-3 orders online separatly and when I get there they combine my order into one.
    So I get the a discount if I order 100 or more. Never had a problem. Since I go to the store often I see this manager often around the store and carries himself as “God gift to Walmart”
    Okay so the manager is in the photolab today (shortstaffed) and when I am about to combine my orders and the photo clerk (a young girl) says she does not know how to do it. So she gets the manager who
    refuses to do it due to company policy,because it is a separate orders. I am also a photographer and I can tell you that I have not heard of this. All the photolab managers do it without a problem.
    So I tell him If I refuse to take the order and resubmit the order will you then apply the discount? He said that was the only way!! He kept on saying “company policy” but with a big smile on his face.
    Does this make sense? He was willing to reprint them and throw away the previous orders.
    Okay so I go home in disbelief and pissed, and decide to call him, and ask him how can this be? He was being rude and sarcastic and telling me company policy, and that all the other Walmart were not follwing company policy.
    I realize that I am talking on my company phone and that the phone call is being recorded. So I tell him, If I forward the call to upper management who what would they they think?
    He said “This is illegal and I’m calling the cops” We’ll the cops aren’t at my door yet… 🙂
    So it is illegal to tape a conversation, but it depends if a place of business normally records their conversations then, it is okay.
    Please see:
    All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording, disclosing, or endeavoring to disclose without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain. Fla. Stat. ch. 934.03. These first offenses and the interception of cellular frequencies are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976).

    Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Fla. Stat. ch. 934.02. See also Stevenson v. State, 667 So.2d 410 (Fla. Dist. Ct. App. 1996); Paredes v. State, 760 So.2d 167 (Fla. Dist. Ct. App. 2000).

    In Cohen Brothers, LLC v. ME Corp., S.A., 872 So.2d 321 (Fla. Dist. Ct. App. 2004), the District Court of Appeal for the Third District of Florida held that members of a limited liability company’s (LLC) management committee did not have a reasonable expectation of privacy with respect to participation in telephone conference calls with other committee members to discuss continued financing of the LLC, and thus could not hold the committee members liable for recording the conference calls.

    A federal appellate court has held that because only interceptions made through an “electronic, mechanical or other device” are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).

    I was going to pick up some prints for business and did call from my business phone.. so does this apply?
    The reason is that I am not going to stop going to this Walmart and I am not going to take this crap either….
    So what do you guys suggest I do?
    I don’t want to go to jail for this either….

    BTW
    He has done this before, One time he would not issue a refund for a photograph that was crooked. As a photographer I now it was an issue with the printer. So I asked for a refund to have them printed elsewhere. No he said he would print them until they came out right!
    The second time it was printed, it came out crooked, so he had to manually cut it. He was pissed.
    ,

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