Qworst DSL - Liars!

[Chris Cowan]

I'm totally not an expert, furthermore I'm not a lawyer either... I just 
like this discussion.

So... (hypothetically) if it's legal for someone under the age of 16 in 
Montana to call a 900 number. Would it be legal for a 16 year old to 
call (from Arizona) a 900 Number in Montana?

Not that this is exactly the same thing...but we are trying to decide 
which laws take precedent.  I'm sure if you filled the complaint in the 
State of Arizona against a business in Arizona who was breaking Arizona 
Laws but doing it through another office in a another state, the case 
would still have precedent in Arizona.

Now if they counter sue you in Montana that will be left up to the 
Montana courts. Can they even counter sue from another venue? I would be 
willing to bet that they can only counter from the original state. But 
keep in mind you can sue anyone for anything. It's up to the judge if he 
will hear you or not.

 From all the T.V. that I've watch usually states don't mix their legal 
battles unless it's a really big deal.

Chris

On Tuesday, August 28, 2001, at 10:46 AM, Eric wrote:

> This is not the place for this sort of thing. But I will just close 
> with the
> following comments:
>
>> then after words tell them, "i have recoreded this conversation, are 
>> you
> okay with this?"
>
> Taping them and THEN telling them is illegal.  The MT statute we have
> hypothesized requires consent.  This means consent beforehand.
>
>
>> but I know for a fact that in Arizona you only have to know, and
>> the other party does not.  Doesn't matter where they are, the call is
>> taking place in Arizona..
>
> You must have missed out on the beginnings of this conversation. Why do 
> you
> assume the call is taking place in Arizona.  You will not be able to 
> support
> that.  The call is "taking place" in Arizona AND, for purposes of the
> discussion we have been having since yesterday, Montana.  You don't get
> around MT law by the bare assertion that the call took place here.  I am
> talking to qwest in MT; they are talking to me in AZ.  Now tell me 
> where the
> call took place?
>
>
>> I had to do this same thing once between Payson and Bakersfield CA, and
>> the same thing came up.  We talked to a lawyer and he said it didn't
>> matter, if we record it in Arizona and we make the call, it's arizona
>> law.  We recorded, didn't say anything, and won the case.. using the
>> tape of course.
>
> There are so many problems that I will not even touch it.
>
> Have fun.
>
> Eric
>
> On 28 Aug 2001 08:31:01 -0800, Eric wrote:
>> "Furmanek, Greg" wrote:
>>>
>>> You can also ask them a question about the
>>> recording:
>>>
>>> "I have just heard that the conversation may be recorded.
>>> Are you aware of this fact?"
>>>
>>> Wouldn't that make the consent?
>>
>>> probably...  I Would ask a laywer...  Wasn't there one around?  Does 
>>> he
>>> know, or is this out of his specialty?
>>
>> I suppose you are referring to me.  I think the question is a trick 
>> one.
>> The qwest-liar IS aware that qwest may tape-record the conversation.  
>> But
>> the qwest-liar is not aware that YOU may be taping it.  Which "fact" is
>> being referred to here?  Judges don't like that kind of stuff.
>>
>> You can try that and see what happens if you want to.  For myself, my 
>> main
>> concern is to but qwest-liars.  So I would want to do it right the 
>> first
>> time, and not expose myself to liability.  Just non-chalantly find out
> which
>> state they are in.  If good, then tape it.  If not, then have the
> saleperson
>> remit an e-mail setting forth all details you care about in writing.  
>> This
>> is not hard, and it is legal.  I cannot imagine that a sales person 
>> would
>> refuse to do it, and if they do, then maybe that is because they know 
>> they
>> are lying.  That is why they are qwest-liars.  Or just ask them if you 
>> can
>> tape the conversation.  Watch them studder when you do...
>>
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