I think you missed the point.
I said to: notify them that you "may be"
recording the conversation I do not think
that would change the attitude, in which
case you have a case.
Greg
> -----Original Message-----
> From: Eric [mailto:yonica@qwest.net]
> Sent: Monday, August 27, 2001 6:43 PM
> To: plug-discuss@lists.PLUG.phoenix.az.us
> Subject: RE: Qworst DSL - Liars!
>
>
> >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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