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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