>Even if the call center is in Montana, they are calling people in AZ, so >
>doesn't that make them liable under Arizona Law?
Liable for what? Fraud? Yes. But how do you prove they lied? You tape
record the conversation. That is where the issue arises. If all parties to
the conversation are in Arizona, there is no problem because Arizona only
requires ONE party to the conversation to consent, for example ME! But if
one party is in MT (i.e., the qwest liar) and I am in AZ, then I need MT
requires ALL parties consent.
Would an Arizona court admit as evidence an ill-gotten, tape-recorded
conversation, even if it was only illegal under MT law, not AZ? Probaly
not. But it doesn't matter because you WOULD be liable under MT law for
illegally tape-recording the converstation. So best-case scenario under
these facts is that you sue qwest here, then qwest counter-sues you in MT,
then you fight out venue, jurisdiction, and end up settling the case by both
agreeing to drop your suits.
It would be better, in my humble opinion, to either tape-record in a legal
way, or else just do your conversation with the qwest-liar in MT, then ask
the liar to confirm the sales offer via e-mail WITH ALL OF THE DETAILS
expressly stated. There you have it in writing and there are no issues
about consent: e-mail is different than a conversation.
By the way, and I am not making this up, qwest lied to me about my DSL too.
They told me about the Layer 1 charge ($29.99 per month); they told me about
the ISP charge ($17.+ per month), but they did NOT tell me about the $13.91
"residence line charge" (I think that is what my phone bill calls it). This
is what prompted me to investigate the possiblity of taping the liars at
qwest, and what prompted me to find out where they are located.
> Had better find out what state they are in before you do that. In some
states, the > consent of ALL parties is needed before recording the
conversation. And note that > many of qwest's representatives are in
Montana. Go here for a breakdown:
> http://www.crimetime.com/phonecallssample.htm
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