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Comcast Drops Spurious Fees When Customer Reveals Recording

An anonymous reader writes In yet another example of the quality of Comcast's customer service, a story surfaced today of a Comcast customer who was over-charged for a service that was never provided. At first, the consumer seemed to be on the losing end of a customer service conversation, with Comcast insisting that the charges were fair. But then, the consumer whipped out a recording of a previous conversation that he had with another Comcast representative in which not only was the consumer promised that he wouldn't be charged for services not rendered, but the reason why was explained. Suddenly Comcast conceded, and the fees were dropped. But most telling of all, the Comcast rep implied that she only dropped them because he had taped his previous interaction with Comcast customer service. I wish I had recordings of every conversation that I've ever had with AT&T, the USPS, and the landlord I once had in Philadelphia. Lifehacker posted last year a few tips on the practicality of recording phone calls, using Google Voice, a VoIP service, or a dedicated app. Can anyone update their advice by recommending a good Android app (or iOS, for that matter) designed specifically to record sales and service calls, complete with automated notice?

368 comments

  1. Automated notice not necessary here by sideslash · · Score: 5, Informative

    In my state, only one party needs to be aware of a recorded conversation, and it's perfectly fine for that to be the person doing the recording.

    1. Re:Automated notice not necessary here by JackieBrown · · Score: 1

      Same for Texas

    2. Re:Automated notice not necessary here by slashmydots · · Score: 1

      Wow, I didn't know it was a state thing instead of a Federal thing. Anyone got a full list by state of what's allowed?

    3. Re:Automated notice not necessary here by tbuddy · · Score: 5, Funny

      In my state all the calls are recorded anonymously for my safety as well as the safety of my country. Freedom isn't free after all.

    4. Re:Automated notice not necessary here by geekmux · · Score: 1

      In my state, only one party needs to be aware of a recorded conversation, and it's perfectly fine for that to be the person doing the recording.

      I'm glad you mentioned state here, as that is critically important. In fact the legality of recording and then using at a later date is perhaps the most important aspect of this entire idea. Know your laws.

      Wiki of the recording consent laws, listed by country.

      http://en.wikipedia.org/wiki/Telephone_recording_laws

    5. Re:Automated notice not necessary here by RenderSeven · · Score: 4, Interesting

      Just wondering, if the other party says the call may be recorded, does that mean its legal for me to record also? Seems fair that if they ask the question they are giving tacit approval for me to record.

    6. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      The same is true in California, unless the conversation involves more than two people.

    7. Re:Automated notice not necessary here by RenderSeven · · Score: 5, Informative

      At the expense of being a karma whore: http://en.wikipedia.org/wiki/T...

    8. Re:Automated notice not necessary here by fuzzyfuzzyfungus · · Score: 5, Informative

      It could be better formatted; but our wiki overlords have you covered.

    9. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      "This conversation may be recorded for quality purposes"

      They are already recording and consenting to it.

    10. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      Wow, I didn't know it was a state thing instead of a Federal thing. Anyone got a full list by state of what's allowed?

      It's on Wikipedia, the free encyclopedia.

      http://en.wikipedia.org/wiki/Telephone_recording_laws#United_States

    11. Re:Automated notice not necessary here by NoNonAlphaCharsHere · · Score: 1

      What do you have to hide, citizen?

    12. Re:Automated notice not necessary here by Dagmar+d'Surreal · · Score: 1
      http://en.wikipedia.org/wiki/T...
      http://www.vegress.com/index.p...

      It's just amazing the things a search engine can uncover.

    13. Re:Automated notice not necessary here by mysidia · · Score: 1

      In my state, only one party needs to be aware of a recorded conversation, and it's perfectly fine for that to be the person doing the recording.

      Most companies pre-announce that calls will be recorded for quality assurance. As long as your recording includes that announcement, then the remote party has consented.

    14. Re:Automated notice not necessary here by tomhath · · Score: 1, Troll

      It should be at the state level in the United States. Federal should only be concerned with international and interstate issues, but they can't stop themselves from meddling.

    15. Re:Automated notice not necessary here by EvilSS · · Score: 1

      In my state, only one party needs to be aware of a recorded conversation, and it's perfectly fine for that to be the person doing the recording.

      Be careful here. When the two parties on the call are in different states, the rules can change and it becomes a little more complicated. The way courts have come down on this in the past you need to make sure that you are within the law for both your state and the state of the person on the other end. Generally, it comes down to the most restrictive laws win. So if you live in a single party consent state but are on the phone with a person in a two-party state, legally you have to notify them, and it's your responsibility to know if this is required or not. Now, in the case of someone like Comcast, it's very unlikely they would come after you for it (not to mention they probably gave consent when they told you that they may record the call) but it's something to be aware of.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    16. Re:Automated notice not necessary here by Bob9113 · · Score: 1

      In my state all the calls are recorded anonymously for my safety as well as the safety of my country. Freedom isn't free after all.

      Hmm, let's see...

      In my state all the calls are recorded anonymously for my safety as well as the safety of my country. Freedom isn't freedom, after all.

      There, FTFY. :(

    17. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      In GA you do not need to notify the other parties being recorded as long as you are one of the parties. Other states like Virginia require all parties to be notified prior to recording.

    18. Re:Automated notice not necessary here by tepples · · Score: 5, Interesting

      Federal should only be concerned with international and interstate issues

      Such as a phone call that crosses state lines, right?

    19. Re:Automated notice not necessary here by sideslash · · Score: 1

      Incorrect -- Virginia is a one party notification state, just like Georgia. See the breakdown here.

    20. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      My state says that only one party must consent. I can record without the other party's consent.

      The issue is the other party's state.
      - If the other party is a one-party-consent state, I've already consented and it's OK.
      - If the other party is a two-party-consent state, their law doesn't apply to me. Federal law governs a situation where differing laws in different states conflict on a matter. Since Federal law is essentially one-party-consent, the two-party-consent state can go fly a kite. If someone brings a case against you based on this, get it promoted up to a federal court where they will lose. This should be a fairly easy transition, since it's an interstate dispute.

      So if you live in a two-party-consent state, you might be OK to record the other end without a hassle, but you'd better ask just to be sure. If you live in a one-party-consent state, do what you like. Your consent counts for your state's law and federal law agrees.

    21. Re: Automated notice not necessary here by BVis · · Score: 1

      It makes perfect sense if you don't think about that part.

      --
      Never underestimate the power of stupid people in large groups.
    22. Re: Automated notice not necessary here by kilfarsnar · · Score: 4, Interesting

      The Constitution does not lay out the powers of the Federal Government with regards to recording. Obviously, the technology didn't exist back then, but still the Federal government does not have that authority; at least until the Supreme Court can shoehorn recording conversations into the Commerce clause.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    23. Re: Automated notice not necessary here by stdarg · · Score: 5, Insightful

      Seems like it should legitimately become a federal issue when there are transactions that occur across state lines with different laws affecting the same transaction.

      For instance, if someone in a "one party notice" receives a phone call from someone in a "two party notice" state, and has an app on their phone that automatically records all calls... what happens? Which set of laws apply?

      Does it change if the "one party notice" person is the one originating the call?

      Does it matter if the person knows the laws of the other state?

      Does it matter if the person doesn't even know which state he's calling?

      How about if it's a New York phone number but it's routed to a call center in India?

      I'm all for limiting the power of the federal government but sometimes it actually makes sense. In the case of inter-state phone calls, there either needs to be a federal law establishing which state's laws apply so that we all know once and for all, or (my preference since it's simpler) a federal law unifying all the state laws. Otherwise it's chaos!

    24. Re:Automated notice not necessary here by Anonymous Coward · · Score: 1

      Then the NSA should relocate to Texas, shouldn't they?

    25. Re: Automated notice not necessary here by spacefiddle · · Score: 3, Informative

      IANAL, but look into what happens when you call a place that tells you, "this call may be monitored or recorded for quality blah," which is most of them. If you staying on the line means you consent and they have notice, that likely qualifies as two-party consent.

    26. Re: Automated notice not necessary here by Anonymous Coward · · Score: 0

      Actually, it makes no sense to have different recording laws at the state level, nor should "state meddling" supercede "federal meddling."

      um.......The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    27. Re: Automated notice not necessary here by ebrandsberg · · Score: 1

      The infamous commerce clause trumps states rights, so there should be a Federal law, and it should take priority on this.

    28. Re:Automated notice not necessary here by LVSlushdat · · Score: 2, Interesting

      Well THAT sucks big time.. I live in Nevada and apparently its a "both parties" state.. I wonder what happens then, if I make it clear I don't consent to *their* recording "for "training purposes"?? Wonder if anybody has ever done it... Sounds like a law we desparately need to get changed here.. (not to mention flushing Harry Reid down the toilet...)

      --
      THANK YOU, Edward Snowden!! Americans owe you a debt of gratitude (whether they know it or not..)
    29. Re:Automated notice not necessary here by amicusNYCL · · Score: 3, Insightful

      If they notify you that the call is being recorded then that's all they have to do. If you don't consent then hang up, that's the purpose of the notification.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    30. Re: Automated notice not necessary here by Anonymous Coward · · Score: 0

      Now, most calls are getting routed to Philippines. So, chill your tits, it is almost like USA.

    31. Re:Automated notice not necessary here by Oceangnome · · Score: 1

      Looks like a nice bit of relevant information is contained in: http://en.wikipedia.org/wiki/T... Have a good day. Andy in Seattle

    32. Re: Automated notice not necessary here by amicusNYCL · · Score: 2

      There's a link right above that answers the questions you're asking, with examples from actual cases:

      http://www.vegress.com/index.p...

      For instance, if someone in a "one party notice" receives a phone call from someone in a "two party notice" state, and has an app on their phone that automatically records all calls... what happens? Which set of laws apply?

      Depends where the court is where you're being sued, and whether they want to apply the laws of the other state.

      Does it change if the "one party notice" person is the one originating the call?

      It seems to matter more based on the state in which the harm was done to the person suing you.

      Does it matter if the person knows the laws of the other state?

      Does it ever?

      Does it matter if the person doesn't even know which state he's calling?

      What do you think the court would say?

      There's a reason why companies start their calls with "this call might be recorded" without bothering to check which state you're in first. It's the prudent thing to do. If you are in doubt, and you're trying to limit your legal liability, then notify the other person.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    33. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      and how are you supposed to contact them then?

    34. Re: Automated notice not necessary here by Anonymous Coward · · Score: 0

      The infamous commerce clause trumps states rights

      No it doesn't. It's just abused as a power grab. It was only meant to apply to a limited number of things.

    35. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      no. of course not. are you some sort of authoritarian weirdo?

    36. Re: Automated notice not necessary here by stdarg · · Score: 1

      There's a link right above that answers the questions you're asking, with examples from actual cases:

      As you said, it seems to be up to the court on a case by case basis to decide which state's laws are to be applied. To be honest, I knew that ahead of time and my questions were for rhetorical effect. There isn't a satisfying (to me) answer in the law.

      There's a reason why companies start their calls with "this call might be recorded" without bothering to check which state you're in first. It's the prudent thing to do. If you are in doubt, and you're trying to limit your legal liability, then notify the other person.

      I wonder if playing an automated message at the start of your own phone call is sufficient, or if you have to know that you're talking to a live person. If I had an automatic message play on my phone, when calling companies it would only be heard by the phone menu tree and the reply would be something like "I'm sorry, I didn't understand that. Say or press 1 to..."

    37. Re:Automated notice not necessary here by MouseTheLuckyDog · · Score: 1

      On virtually every "customer service" call I have ever made, before I get connected to a person I hear a message This phone may be recorded for quality insurance.. Does that mean that even in a two party state, I can record without telling them? After all it seems like they have given permission.

    38. Re:Automated notice not necessary here by TheCarp · · Score: 1

      You have to look at the specific law though. My state, MA is listed as a "two party state" but digging a little more finds: http://www.dmlp.org/legal-guid...
      " (3) Massachusetts bans "secret" recordings rather than requiring explicit consent from all parties.). "

      So, informing someone that they are being recorded is really the requirement, not "consent" though, I would argue that continuing a conversation after being informed of the recording is, in fact, consent. (barring any extraordinary circumstances of course like would normally otherwise be considered as precluding consent, of course)

      --
      "I opened my eyes, and everything went dark again"
    39. Re: Automated notice not necessary here by amicusNYCL · · Score: 1

      It looks like one of the acceptable means of notifying parties of recording is to play an audible beep at regular intervals. I'm not sure I would associate that with recording, but apparently (some of) the courts do.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    40. Re:Automated notice not necessary here by Anonymous Coward · · Score: 2, Informative

      and how are you supposed to contact them then?

      1. Online chat
      2. Email
      3. A letter in an envelope

    41. Re: Automated notice not necessary here by ShanghaiBill · · Score: 1

      There's a reason why companies start their calls with "this call might be recorded"

      There is another reason as well: It discourages callers from being abusive or vulgar.

    42. Re:Automated notice not necessary here by Kaenneth · · Score: 1

      You don't require the existing federal government to do anything to homogenize laws across states, see the Uniform Commercial Code and the Uniform Child Custody Act; where states agree that it's easier to adopt basically the same laws

    43. Re: Automated notice not necessary here by flopsquad · · Score: 5, Informative

      Off the bat, IAABNQAL (I am almost but not quite a lawyer, took the bar but no results until Oct.) so take this with as many grains of salt as you feel appropriate. This isn't legal advice, etc etc.

      The short answer is, this is pretty much unsettled law, but there is good reason to believe that the knowledge and status of the caller (i.e. business vs individual) would matter. The Wiki article cites Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 (2006) for the proposition that, at least if one caller is in CA, its stricter two-party law still applies to out-of-state callers trying to (legally, in their own jurisdictions) record phone calls with CA residents. However, that is too broad a generalization.

      The defendant in that case was Smith Barney, a national brokerage (corporation) with independently sufficient contacts for CA to exercise personal jurisdiction over it anyway ("SSB 'systematically and continually does business' in California, and SSB does not deny that it maintains numerous offices and does extensive business in this state"). SSB was conversing with clients in CA (two-party), but making and receiving calls in GA (one-party), and the CA Supreme Court found that there were compelling reasons not to let a company doing business in CA escape the CA privacy law, much less a business with offices in CA that could conveniently "outsource" its calls to other states (pretty much gutting the law). On a technical point of law, this was also a ruling reversing the trial court's dismissal of plaintiff's case, merely allowing the case to proceed and not addressing many of SSB's factual arguments (like "hey, this isn't what the legislature meant by 'confidential communication'").

      However, look at it from the out-of-state consumer perspective and everything changes. Lets make the easy assumption that you don't have any presence, property, or business dealings in the two-party state of CA. First, from a personal jurisdiction standpoint, if someone from an unknown location (oops it's CA, gotcha!) is calling you in your one-party state, you have not established minimum contacts with California because you did not purposefully avail yourself of CA's laws—you didn't contact CA on purpose!

      What if you know they're calling from CA? You're hardly directing any activity at CA by answering the phone. What if you're the one making the call and it's an 800 number to a destination unknown? This happens all the time, on the same day I'll make three calls to customer service and get centers in Illinois, Arkansas, and Pennsylvania. Well, you still haven't directed your action at CA if the call winds up there. In all these cases, it would be nigh-impossible for a CA business to make a case against you, because you (almost certainly) didn't establish minimum contacts with California such that the CA courts could exercise its long-arm jurisdiction against you. Even if you had a contract with this company with a CA forum selection clause, it would be a huge stretch; you consented to CA jurisdiction to settle disputes over that contract, you didn't say "I submit to the laws and jurisdiction of California for everything ever."

      What if you're a consumer in a one-party state, knowingly calling a number in a two-party state, to discuss business you have with that company? Well, I would wager you're still in the clear, and in fact I record a significant number of customer service calls as I sit in my one-party state, regardless of where the representative is located or what the telephone number is. I do this in order to protect against the abuses in TFA, "forgetful" supervisors, etc., and I do not worry about the wiretapping laws of some distant state. Why? Well, even though they might be able

      --
      Nothing posted to /. has ever been legal advice, including this.
    44. Re:Automated notice not necessary here by ShanghaiBill · · Score: 2

      Just wondering, if the other party says the call may be recorded, does that mean its legal for me to record also?

      Not in all cases. In California, if a woman alleges that her husband or boyfriend is abusive, she can get a restraining order that gives her the permission to record phone calls, but denies him the same right. Then she can call him up, provoke him into saying something stupid, edit the recording to delete the provocation, and then present the edited recording to a judge to get the guy thrown in jail for violating the restraining order.

    45. Re:Automated notice not necessary here by mcrbids · · Score: 1
      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    46. Re: Automated notice not necessary here by flopsquad · · Score: 3, Informative
      I would add, from Kearney:

      [B]ecause this case does not involve the isolated recording of a personal telephone call by an out-of-state individual in a nonbusiness setting, or the recording of a phone call by an out-of-state business that has a reasonable, individualized basis for believing that a particular caller is engaged in criminal or wrongful conduct, we have no occasion to determine how the comparative impairment analysis would apply in those or other comparable settings.

      --
      Nothing posted to /. has ever been legal advice, including this.
    47. Re:Automated notice not necessary here by GNious · · Score: 1

      Doesn't matter - just start out all phonecalls stating that "This phonecall may be recorded for quality and/or training purposes", and you're covered .. also, you're likely to get a very different treatment from the service-reps you're calling.

    48. Re:Automated notice not necessary here by Anonymous Coward · · Score: 0

      Why waste all that time setting up recording software? I just send a FOIA request to the NSA and they send me a heavily redacted "to protect national security" copy of my call.

    49. Re:Automated notice not necessary here by arth1 · · Score: 1

      If they notify you that the call is being recorded then that's all they have to do. If you don't consent then hang up, that's the purpose of the notification.

      That's a Hobson's choice as far as the call goes.
      Given that for many of their services, you cannot do them though the web site or e-mail, that's a showstopper. They've pretty much responded with "you have to call us for that" whenever I needed something done and tried to do it online.
      If you're disabled or without transportation to get you to an office, that pretty much leaves you with no options at all.

    50. Re:Automated notice not necessary here by suutar · · Score: 1

      snail mail, presumably

    51. Re: Automated notice not necessary here by ebrandsberg · · Score: 1

      The infamous commerce clause trumps states rights

      No it doesn't. It's just abused as a power grab. It was only meant to apply to a limited number of things.

      See, it DOES trump states rights, as proven by matters of law. You may not agree with it, but that doesn't change the facts. In this particular case, I think that there should be Federal Law to unify what everybody should expect as far as recording rights are concerned, and the law should be "anybody can record any conversation they are having at any time through electronic means". Since any conversation could in theory result in a verbal contract, it is only reasonable that said contracts should be legally recordable to protect the individuals entering into said contracts.

    52. Re:Automated notice not necessary here by tompaulco · · Score: 1

      It seems obvious to me that if they say "the call may be recorded" that they are saying that I may record the call. I would not expect that to mean that they would be recording. Otherwise, I would expect them to say "We may" or "we might" or "the call might".

      --
      If you are not allowed to question your government then the government has answered your question.
    53. Re:Automated notice not necessary here by tompaulco · · Score: 1

      Even if you live in a one party state and record a call in a two party state without consent, what are they going to do? The secondary state has no authority over you. The worst they can do is put out a warrant for your arrest which would only be an issue if you travel in their state and they happen to catch you. It is highly unlikely that a state with one party consent is going to extend reciprocity laws to a state with two party consent, and also unlikely that they would honor extradition when they find the other state's laws to be contrary to their own.

      --
      If you are not allowed to question your government then the government has answered your question.
    54. Re:Automated notice not necessary here by EvilSS · · Score: 1

      My state says that only one party must consent. I can record without the other party's consent.

      The issue is the other party's state. - If the other party is a one-party-consent state, I've already consented and it's OK. - If the other party is a two-party-consent state, their law doesn't apply to me. Federal law governs a situation where differing laws in different states conflict on a matter. Since Federal law is essentially one-party-consent, the two-party-consent state can go fly a kite. If someone brings a case against you based on this, get it promoted up to a federal court where they will lose. This should be a fairly easy transition, since it's an interstate dispute.

      So if you live in a two-party-consent state, you might be OK to record the other end without a hassle, but you'd better ask just to be sure. If you live in a one-party-consent state, do what you like. Your consent counts for your state's law and federal law agrees.

      This is simply not true. See, for example, Kearney v. Salomon Smith Barney, Inc..

      --
      I browse on +1 so AC's need not respond, I won't see it.
    55. Re:Automated notice not necessary here by Nyder · · Score: 3, Insightful

      If they notify you that the call is being recorded then that's all they have to do. If you don't consent then hang up, that's the purpose of the notification.

      When I call, I just tell the automated thingy I'm recording the call. If they can tell me without a live person telling it to me, I can tell it to their answering software.

      Not my fault they don't use real people to answer the phone.

      --
      Be seeing you...
    56. Re:Automated notice not necessary here by amicusNYCL · · Score: 1

      I'm not sure what the point us, but yeah, that's right. Your option is to be recorded on the phone. I haven't heard about any laws that require companies to provide phone support that is not recorded.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    57. Re: Automated notice not necessary here by cheater512 · · Score: 2

      In Australia at least you can request that your call isn't recorded.
      The automated notice informs you of that option.

    58. Re: Automated notice not necessary here by Anonymous Coward · · Score: 0

      just because a bunch of elderly white guys made up more powers for the government to get around the constitution doesn't mean we have to take it seriously. just roll out the guillotine and start over.

    59. Re:Automated notice not necessary here by EvilSS · · Score: 1

      Even if you live in a one party state and record a call in a two party state without consent, what are they going to do? The secondary state has no authority over you. The worst they can do is put out a warrant for your arrest which would only be an issue if you travel in their state and they happen to catch you. It is highly unlikely that a state with one party consent is going to extend reciprocity laws to a state with two party consent, and also unlikely that they would honor extradition when they find the other state's laws to be contrary to their own.

      See Kearney v. Salomon Smith Barney, Inc. for an example of what they can do. You may also want to look into "conflict of law". It's not as cut and dry as you believe.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    60. Re: Automated notice not necessary here by Anonymous Coward · · Score: 0

      No, that's why they have the periodic beep in place.

    61. Re: Automated notice not necessary here by Mattcelt · · Score: 1

      IIRC AT&T (I can't find a link, so my details may be off - YMMV) lost a case regarding this several years back, claiming that their "we may record this conversation" disclaimer applied to only the originally-disclaiming party.

      To wit: if the other party consents to the recording of their own volition, you do not need to get additional consent to record, in any state. Their "this call may be recorded" statement provides their blanket consent to all recording.

    62. Re:Automated notice not necessary here by niftymitch · · Score: 1

      Listen with care...

      Here my Comcast prerecorded announcement states "This conversation may be recorded
      for quality assurance." I hit record and say "Thank you for permission to record this conversation
      for quality assurance".

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    63. Re:Automated notice not necessary here by stoatwblr · · Score: 1

      The driving issue with most 2 party laws is to prevent employers secretly recording calls without notifying the callcentre operative or the caller, or to allow those in power to prevent damaging items being publicised. This makes warnings necessary even if the callcentre operative is pushing the record button.

      Warnings are usually necessary in one party jurisdictions because the callcentre operative isn't operating the recorder. If either party to the call is operating the recording device then notification isn't needed.

      In other parts of the world (eg: UK), one party recording is perfectly legal for personal use, but the other party must be informed if the recording will be circulated (they do not have to consent, merely be informed and they cannot demand that they not be recorded).

      For courtroom use, unless the non-recording party has been informed of the recording, a transcript must be submitted in the first instance and the recording itself can only be introduced as evidence if the transcript is disputed - note that phone taps are NOT allowed to be used as evidence in UK courtrooms.

      In practice, "secret recordings" regularly get aired on TV and it is extremely difficult for the businesses concerned to prevent them without looking like bigger asshats than they already are. (In marginal cases the call will be revoiced by actors, which is still legal as long as they stick to the transcript)

    64. Re: Automated notice not necessary here by stoatwblr · · Score: 1

      "For instance, if someone in a "one party notice" receives a phone call from someone in a "two party notice" state, and has an app on their phone that automatically records all calls... what happens? Which set of laws apply?"

      Currently: Federal law (one party rule)

      "There either needs to be a federal law establishing which state's laws apply so that we all know once and for all, or (my preference since it's simpler) a federal law unifying all the state laws."

      Funnily enough the FCC and most one-party states agree. The two party states tend to have those laws to protect corrupt officials, so they also tend to resist this notion.

    65. Re: Automated notice not necessary here by stoatwblr · · Score: 1

      It does.

      Criminal charges under 2-party laws related to "Monicagate" were thrown out(*) because it turned out the call in question was across state lines and federal one-party laws applied.

      (*) The woman who recorded Monica admitting sexual activity with Bill was prosecuted by the state AG. The case was thrown out because the court ruled that because it was an interstate call, federal courts had jurisdiction - and because federal law is one-party, there was no case to answer.

    66. Re:Automated notice not necessary here by stoatwblr · · Score: 1

      ITYM "In my country" if you happen to reside in the USA.

    67. Re: Automated notice not necessary here by nobodie · · Score: 1

      yes, but think:
      If you record that announcement ("this call may be...") and play it back at the beginning of your call with the company isn't there a good chance that the person on the other end of the line will assume a company phone glitch and ignore the information. That way they are still assuming that they are not being recorded even though they have been notified of the recording.
      We all need to begin to record any conversation with commercial reps in all situations, what they say is innane, stupid and often wrong. But it is actionable.

      --
      Subversion of spatial scale luxury decoration ideas.
    68. Re: Automated notice not necessary here by Anonymous Coward · · Score: 0

      At that point your committing a felony. I'd like to see anyone actually try and press charges tho.

  2. They're Monopolies by fortfive · · Score: 4, Insightful

    And, recording or not, they'll soon just start ditching "troublemaking" customers, like the hospitals do.

    1. Re:They're Monopolies by roc97007 · · Score: 1

      And, recording or not, they'll soon just start ditching "troublemaking" customers, like the hospitals do.

      So, let's all be troublemaking customers. Let's make it as unpleasant and difficult as possible for Comcast to do business. We will be doing the world a service.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    2. Re:They're Monopolies by Etherwalk · · Score: 2

      And, recording or not, they'll soon just start ditching "troublemaking" customers, like the hospitals do.

      So, let's all be troublemaking customers. Let's make it as unpleasant and difficult as possible for Comcast to do business. We will be doing the world a service.

      You will be punishing the service reps, not the people who make policy.

    3. Re:They're Monopolies by Xaedalus · · Score: 1

      What if we figured out a way to empower the service reps to fuck over their management but still stay within legal employment guidelines? After all, they've got to be the ones who hate all of this the most because they're being paid to be bad guys. And not just that, they probably were in circumstances that compelled them to choose that employment. Like, calling up a service rep and tieing up their line for twenty minutes with complaints and threats to cancel service, but then using the rep's authorization system to get discounts and freebies that end up benefiting you, benefiting the rep, and fucking over the operating costs of Comcast in the long term?

      --
      Here's to hot beer, cold women, and Glaswegian kisses for all.
    4. Re:They're Monopolies by adamstew · · Score: 1

      I would think that, since they are effective monopolies in the areas they serve, that their franchise agreements don't let them just ditch customers that are troublemaking. I know this is up to each individual municipality, but I would hope there would be conditions in there on who they have to serve and the reasons that are allowed for them to not serve someone.

    5. Re:They're Monopolies by Rakarra · · Score: 4, Insightful

      You will be punishing the service reps, not the people who make policy.

      Their service reps are Comcast. They don't get to be "human shields" protecting the corporation from customer outrage. Not while they're on the payroll.

    6. Re:They're Monopolies by EvilJoker · · Score: 2

      They probably won't connect the two, but even worse if they do. They'll just see that, despite all of these sales, they're not making anywhere near enough money, and they need to expand their revenue. IOW, fuck over their customers.

      Sprint actually used to be known for giving some VERY nice deals if you talked to retention, and threatened to cancel. This was true, until it became common knowledge. Now, they give fuck-all about retention. This is knowing that you can, and will, switch to another carrier. Comcast knows that you probably can't, and won't.

    7. Re:They're Monopolies by Belial6 · · Score: 1

      That makes no sense. You are falling for the human shield tactic. The company hires service reps to act as human shields, and people like you let them do whatever they want for fear of punishing the shield on the phone.

    8. Re:They're Monopolies by Belial6 · · Score: 1

      If the companies response is to drop you as a customer, then making things difficult is a waste of your time. Just drop the service yourself. If you can get enough people to boycott the companies, they will change their behavior. Good luck with that though. The sports addiction in the US is simply too strong to rein in the cable companies.

    9. Re:They're Monopolies by roc97007 · · Score: 1

      Some of the problems people are having is that Comcast is making it difficult or impossible to drop the service. Having them drop you might be a relief.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    10. Re:They're Monopolies by Anonymous Coward · · Score: 0

      Well, they could have picked some more ethical job, like killing innocent civilians.

    11. Re:They're Monopolies by fortfive · · Score: 1

      I would hope there would be conditions in [the contract that benefit consumers]

      I have a great bridge to sell you. I will throw in some unicorns for the right price . . .

      Seriously, I'm pretty sure that in most places the only consumer benefit in the contract is the price of basic cable and free or discounted service for a school or government office.

    12. Re:They're Monopolies by Anonymous Coward · · Score: 0

      You will be punishing the service reps, not the people who make policy.

      Their service reps are Comcast. They don't get to be "human shields" protecting the corporation from customer outrage. Not while they're on the payroll.

      Actually, dedicated customer service reps are intended exactly as human shields, so the "real" staff doesn't have to deal with customers. When you cut service or raise prices to increase profits, customers are upset. The people who make those decisions and profit from them do not want to deal with angry people. So they raise prices more, to hire "customer service reps" as an insulation barrier.

      The best customer and tech support that can exist is when you never use it. That costs more in the short term than paying some schmuck minimum wage in Podunk, Nowheresville/istan or just reincorporating/renaming/rebranding when your reputation kills sales.

    13. Re:They're Monopolies by tompaulco · · Score: 1

      If you're going to make an omelet, you are going to have to break some eggs.
      Ultimately, the deal is that comcast sucks and you want them to die as a company. So the service rep will be out of a job anyway. So we should be afraid to hurt their wittle feelings now? If we continue to come up with excuses to live with bad service, raising prices, unfair EULAs, unfair cell phone contracts,etc just because we think one or a few people can't make a difference, then the companies have won. They have cowed us as a people into believing that it is better to go along with the unfairness rather than stand up as consumers and fight for our rights. We are the customer and we determine what fair is.

      --
      If you are not allowed to question your government then the government has answered your question.
    14. Re:They're Monopolies by Anonymous Coward · · Score: 0

      Re: "...punishing the service reps..."

      Yes but so what? Are the service reps not punishing the customers or do you not get that? Oh I know, it's management who pushes the service reps to do that. Yes but so what? It's the service reps who deliver the negative message to the customer!

      The only way the customer can be heard while not going far out of their way, in a way that 99.99% of customers will never bother to do, is to push back on the service reps. Which, by the way, is what the term "service rep" is supposed to mean! Or does "service rep" now mean "commissioned salespeople who will do anything to make a sale"?

      If you want the customers to directly engage with management, who are responsible for this whole charade, then the following will happen. Management will make themselves unavailable to customers. Unavailable to interview, unavailable for comment, unavailable. Reasons will be given, mostly bogus. Excuses will be made. And nothing will change until management starts paying a price that hard sell marketing cannot overcome. Which usually means large scale reputational damage to the corporation.

      Karma's a bitch.

    15. Re:They're Monopolies by Anonymous Coward · · Score: 0

      You mean those poor souls who consent to propagating and realizing the policy? Those few good men that stand idle and do nothing? Those who could put principles before short term gain?
      Poor them...

  3. Simple. by Anonymous Coward · · Score: 0

    Windows: Audacity with a device to plug into your phone line like this one at RadioShack 43-1237

    Android: Some phones have this ability like the Samsung Galaxy S3 but it's disabled. For other phones, it's a crapshoot. Try CallRecorder http://forum.xda-developers.com/showthread.php?t=1441643

    1. Re: Simple. by jddj · · Score: 1

      NOOOOOOOO!!!!!!!

      That's the awful piece of crap I called out below. It's cheap but sounds like boiled shit. 60Hz hum, loud enough to obscure conversation, hiss, level match problems, AWFUL!

      Buy the JK Audio QuickTap if you need something like this that works.

  4. The first rule of fraud is... by fuzzyfuzzyfungus · · Score: 3, Interesting

    Don't talk about your fraud on the record... It's not at all surprising that Comcast would do this, the fact that their alignment is apathetic/evil is well known; but it's pretty surprising how open they are about it.

    Invoice fraud is a totally classic con; but it depends in part on knowing when not to push it. The target catches on and is angy; do you want to cause a scene and risk discovery or just offer an insincere apology, drop the issue, and move on to the next target? Especially given Comcast's current less-than-winning PR situation (you know it's bad when your cancellation procedure has an AOL guy driven to despair...) there is no way this call would be worth the risk, even if they'd made all the charges stick. Shut up, appease the noisy guy, and cram some befuddled old people or something.

    I suspect that the odds of actually being charged are basically zero; but billing 'errors' made in very, very, questionable good faith start to look a lot like mail fraud if they aren't quite isolated incidents(especially given how added charges always seem to be more common than accidentally omitted charges).

  5. What about Oregon and Washington? by Futurepower(R) · · Score: 4, Interesting

    In other states, like Oregon, part of the recording must include a question about whether it is okay to record, and the answer. So the question is asked twice.

    Does anyone know whether it is okay to record conversations when the other party's recorded message says the call is recorded? Washington state and Oregon are 2 about which I'd like to know, with links to the law.

    It's crazy that each state has its own laws! It's crazy that Comcast is allowed to be so abusive. CenturyLink, the phone company in Oregon and SW Washington state, is also hostile to customers, in my experience. We are becoming a country where the rich can do anything they want to everyone else.

    Is the answer always to record? If legal, I think yes.

    1. Re:What about Oregon and Washington? by thieh · · Score: 1

      Most Custiomer service calls says they are recording the conversation for training purpose (Surprise! talk on the phone now needs training), So when they do so It is usually implied that you can. In any case, the point is not to use the recording to sue them (so in case it may not be legally obtained) but to release it to public to drive their PR to the ground.

    2. Re:What about Oregon and Washington? by bondsbw · · Score: 5, Insightful

      I suppose, once you know when the bot is going to say that line, just preemptively ask it:

      Can I record this call?

      Then when it says

      This call may be recorded for quality and training purposes.

      They almost certainly wouldn't have a leg to stand on.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    3. Re:What about Oregon and Washington? by 0100010001010011 · · Score: 2

      Unless you're calling your local Comcast office you're calling across state lines. If you do anything across state lines it falls to the Feds which are 1 party.

    4. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 2, Insightful

      "It's crazy that each state has its own laws!"

      This attitude always amazes me. That is the entire point of the United States!

    5. Re:What about Oregon and Washington? by AvitarX · · Score: 5, Interesting

      I'm willing to be damaging a companies reputation with an illegal recording is going to get you into trouble, but I've always taken "this call may be recorded for quality assurance purposes" to mean I am allowed to record, to assure quality service.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    6. Re:What about Oregon and Washington? by war4peace · · Score: 1

      Great tip!

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    7. Re:What about Oregon and Washington? by GGardner · · Score: 1

      How am I supposed to know, when calling a 1-800 number, where the call center is? It _might_ be in my state, in which case a different set of laws applies.

    8. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 1

      > We are becoming a country where the rich can do anything they want to everyone else.

      FWIW - Actions without accountability is the fundamental definition of power. Anytime you hear about a rich person getting away with a slap-on-the-wrist for a crime that a normal person would go to jail for, that's power. It is also the reason why, despite using drugs in equal proportion, blacks are incarcerated 10x more often for drug crimes than whites are.

    9. Re:What about Oregon and Washington? by Mordok-DestroyerOfWo · · Score: 1

      Most Custiomer service calls says they are recording the conversation for training purpose (Surprise! talk on the phone now needs training), So when they do so It is usually implied that you can. In any case, the point is not to use the recording to sue them (so in case it may not be legally obtained) but to release it to public to drive their PR to the ground.

      It's their customer service that's driving their PR to the ground, the recorded calls are just a vehicle for that.

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    10. Re:What about Oregon and Washington? by Nukenbar · · Score: 2

      Most of the time, it is an automated message saying that the call may be recorded from their side. Can I just respond back to the automated message that the call may be recorded from my side?

    11. Re:What about Oregon and Washington? by adamstew · · Score: 1

      I would think that once both parties have agreed that the call is going to be recorded (via the automated message) that you would have no legal issues with recording the call yourself. Basically, as long as proper consent has been given to record the call (whether it's a 1-party state or 2-party state), then it doesn't matter who is doing the recording or where.

      IANAL. Not legal advice, etc. etc.

    12. Re:What about Oregon and Washington? by aclarke · · Score: 3, Informative

      I wouldn't even say you need to go that far. "This call may be recorded..." sounds like permission to me. Thanks! I think I WILL record it.

      To answer the original poster, I recently switched our home phone to VOIP using voip.ms. I use the iOS app Groundwire to make and receive calls using my mobile phone as one of my methods for using my old land line number. Groundwire has easy one-button recording, with optional beeping to remind the other party that the call is being recorded.

    13. Re:What about Oregon and Washington? by aclarke · · Score: 1

      Note that they don't say "we may record this call", they generally state that "this call may be recorded". That sounds to me as much like permission as it does notification.

    14. Re:What about Oregon and Washington? by operagost · · Score: 1

      We are becoming a country where the rich can do anything they want to everyone else.

      Comcast and CenturyLink are corporations; they are not "rich" people, corporate personhood aside. More importantly, they are public utilities. Government has created corporations and offered privileges to utilities, so that's where the problem lies-- not with "rich" people.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    15. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      It's crazy that each state has its own laws!

      WTF? Why?

      Florida and Alaska have different problems and different cultures. It's not any crazier for different states to have different laws, than for Argentina to have different laws than Russia. Forcing everyone to have the same laws would just further decrease democracy. You should only point guns at citizens' faces and say "Do it my way, not your way," when it's really necessary; e.g. it's in New York's very survival interests to forcefully prevent New Jersey from doing independent nuclear sabre-rattling, so it makes sense that if those two groups of citizens differ, one of them (or both) ought to be the loser.

      For most things, though, there aren't any downsides to the states' having different speed limits, drug laws, tax rates, etc. Seems like recording would fall into that. This is how when different groups of people can have differing opinions, and yet can both get what they want, instead of someone having to be the loser. That ought to be the normal, default way most things should be, no?

      Am I wrong? You tell me why voters in Vermont ought to have a say in whether or not Texans can record each other, and vice-versa.

    16. Re:What about Oregon and Washington? by NormalVisual · · Score: 1

      If you do anything across state lines it falls to the Feds which are 1 party.

      Courts have gone both ways about that. In Lane vs. CBS Broadcasting, the federal court held that in the absence of explicit stated intent to the contrary, complete federal preemption only applied in cases in which state law was less restrictive, and otherwise the state's law applied. In my state (an all-party state), I don't think your statement is something I'd want to bet a third-degree felony conviction on.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    17. Re:What about Oregon and Washington? by operagost · · Score: 0

      There are crazy people who seem to think that giving the monolithic federal government more power is going to increase, rather than decrease, their liberty.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    18. Re:What about Oregon and Washington? by taustin · · Score: 2

      It's all about expectations of privacy, and when they reserve the right to record, they have none.

    19. Re:What about Oregon and Washington? by PReDiToR · · Score: 1
      When you call VirginMedia in the UK the computer now says (quite close to)

      Just to let you know, sometimes we record these calls for training purposes

      Maybe someone doesn't like your tip and has put a stop to it.

      --

      Do not meddle in the affairs of geeks for they are subtle and quick to anger
    20. Re:What about Oregon and Washington? by kilfarsnar · · Score: 1

      We are becoming a country where the rich can do anything they want to everyone else.

      Comcast and CenturyLink are corporations; they are not "rich" people, corporate personhood aside. More importantly, they are public utilities. Government has created corporations and offered privileges to utilities, so that's where the problem lies-- not with "rich" people.

      True, but to be fair, the rich people have become a problem too.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    21. Re:What about Oregon and Washington? by qbast · · Score: 4, Informative

      At this point EU is probably closer to original intent of United States than modern USA.

    22. Re:What about Oregon and Washington? by stdarg · · Score: 2

      What I'm a curious about is the automated part of that notification. They don't even know that you're listening when they play that message. So if I call up a company that doesn't have that notice, and while I'm in the menu tree I say "This call may be recorded" to nobody in particular is that sufficient notice to "the company" that I may record everything? Seems to be the same level of notification that they give us.

    23. Re:What about Oregon and Washington? by alexo · · Score: 1

      Unless you're calling your local Comcast office you're calling across state lines. If you do anything across state lines it falls to the Feds which are 1 party.

      Unless one party is in California.
      See this for an interesting analysis.

    24. Re:What about Oregon and Washington? by 0100010001010011 · · Score: 1

      Are you calling from the US?

      Comcast's end point is probably somewhere in India or the Philippines.

    25. Re:What about Oregon and Washington? by linuxwrangler · · Score: 2

      I interpret this the same way. It doesn't say "recorded by us" or "recorded by us exclusively" but merely "may be recorded."

      In fact the phrase "may be recorded" is open to interpretation and can mean both "we might record it" and "we give permission to record it."

        Still, I wouldn't put it past some company to try the "you recorded us illegaly" tactic.

      --

      ~~~~~~~
      "You are not remembered for doing what is expected of you." - Atul Chitnis
    26. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      Are you sure about Oregon two-party requiring consent?

      "Oregon is a "one party" state which means that only one party of the conversation needs to consent to the recording."

      http://wiki.answers.com/Q/Is_it_legal_to_record_a_phone_conversation_in_Oregon

    27. Re:What about Oregon and Washington? by drinkypoo · · Score: 1

      You really think a phone monkey is going to refuse to help you if you announce that the call is being recorded? If anything it's a great way to get escalated to a manager.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    28. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      You don't need to say that. If they say "This call may be recorded for quality assurance", then you (and/or the company) may record this call to assure that you get quality service. They're both giving and asking permission there.

    29. Re: What about Oregon and Washington? by Anonymous Coward · · Score: 0

      As it should be. Have you seen what the African Americans are doing in Saint Louis?

    30. Re:What about Oregon and Washington? by EvilJoker · · Score: 3, Interesting

      I doubt the first is legally enforceable, as the statutes don't speak of owning the recording. They says that one/all parties on the call must be aware of the recording, and can terminate if they do not consent.

      I'm sure it's only a matter of time until a prominent company (Comcast seems about right) does try to sue someone for it, but I suspect their PR dept will immediately demand it be dropped. Not only would it likely be considered a SLAPP, it would certainly involve the Streisand Effect. The headlines write themselves, something like, "Comcast sues customer for holding them to their word". Honestly, I can't even think of a headline that wouldn't put them in a bad light, and it would get a lot of coverage.

    31. Re:What about Oregon and Washington? by EvilJoker · · Score: 1

      Many call centers have a bit of an escape clause for certain actions. Usually this includes mentioning a lawyer/lawsuit, but can easily include things like evidence gathering (e.g. recording the call).

      You are correct, it's a very quick way to get escalated to a manager, who will then proceed to do his best to not help you in any way.

    32. Re:What about Oregon and Washington? by budgenator · · Score: 1

      The training is how to take it like a man without lube for letting the customer assert his/her rights.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    33. Re:What about Oregon and Washington? by budgenator · · Score: 4, Funny

      I'm willing to be damaging a companies reputation with an illegal recording is going to get you into trouble, but I've always taken "this call may be recorded for quality assurance purposes" to mean I am allowed to record, to assure quality service.

      I'm curious about your theory of mere mortals being suficiently powerfull to further damage Comcast's reputation.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    34. Re:What about Oregon and Washington? by budgenator · · Score: 1

      This call may be recorded for quality and training purposes.

      I just say "thank you"

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    35. Re:What about Oregon and Washington? by TheCarp · · Score: 1

      Not sure why it matters where the end points are. If we live in the same state and do business and I call your cell phone while you are in another state, should that state's laws apply?

      I am in my state, they do business in my state, they have offices in my state. I don't see why it should matter where the particular employee I talk to is located at the moment I talk to them.

      The fact that they are in india or the call routes through several states seems like it should have no bearing since I, and the entity I am doing business with both do business within the same state.

      --
      "I opened my eyes, and everything went dark again"
    36. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      I would think it doesn't matter.

      They have set the expectation that the call may be recorded, so I'd argue that they can't complain if the customer records it. It's company policy that it "may" be recorded, I'm just making sure that it _is_ recorded, and in a place where they can't accidentally "lose the tape."

    37. Re:What about Oregon and Washington? by Oligonicella · · Score: 1

      Why spoil my fun? I simply wait through the messages, punch the requested button, wait until someone starts their spiel and then scream like I'm being murdered with an axe. Then I politely say "Thank you" and hang up. Quite cathartic.

    38. Re:What about Oregon and Washington? by scubamage · · Score: 1

      The bulk of Comcast support is handled in Colorado. They do hire some contractors but for the most part they work domestically. Granted, I only deal with Comcast Business class services, so maybe we have different tier1 folks.

    39. Re:What about Oregon and Washington? by scubamage · · Score: 1

      AFAIK Comcast is not a public utility. Not sure about centurylink.

    40. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      Most of those automated systems state "This call MAY be recorded..." (emphasis mine) I interpret that to mean permission.

    41. Re:What about Oregon and Washington? by Belial6 · · Score: 1

      I'm pretty big on states rights and I am pretty quick to criticize abuse of the interstate commerce clause, but regulating interstate telephone calls is clearly within the scope of the interstate commerce clause. The Feds should have no say about intrastate calls, but given that there is no way for a caller to be sure that their call really is an intrastate call, practicality would fall to the consumer to assume the stricter of the state/federal laws.

      Given that the nature of the telephone network, it wouldn't be crazy to allow federal law to cover the entire network. The alternative is to let whatever state has the harshest rule be the entity that makes federal law, since even if you call your next door neighbor, there is no guarantee that you were not routed through the state with the harshest laws.

    42. Re:What about Oregon and Washington? by coinreturn · · Score: 1

      Just say you notified them during their notification. "Oh, you weren't listening while playing your recorded notice? Well neither did I."

    43. Re:What about Oregon and Washington? by orgelspieler · · Score: 1

      This is a fair point. The traditional meaning of "may" involves some permission being granted by one party to one party ("May I?" = "Will you allow me to?"). Since they obviously aren't telling you that you give them permission, the only possible meaning would be that they are giving you permission to make a recording. Never thought of it like that before, but that's literally what they're saying.

    44. Re:What about Oregon and Washington? by Belial6 · · Score: 1

      It absolutely is. That is why a laugh when I hear people from the EU trying to explain how their government structure is fundamentally different than ours. Ours started out like the EU, and has been consistently corrupted into what it is today. The EU will face the same challenge that the US did. At some point, some of their states will decide they don't like the federal government and want to secede. At that time, the EU will be faced with the same decision that the USA was faced with when the southern states decided to secede from the US. Either lose a large chunk of their political and economic power or conquer the seceding states. If they choose the later, they will then be structured like the US. A single ruling federal government that lets states rule on subjects that the federal government allows them to.

    45. Re:What about Oregon and Washington? by Belial6 · · Score: 1

      Comcast and CenturyLink are corporations that are under the control of "rich" people. The corporations make no decisions on the corporation's actions or policies. Those are decided by the "rich" people who control the corporations. Comcast and CenturyLink are not "public utilities". That is a large part of the problem. The government gives them special privileges, but does not hold them to the standards of an actual utility.

    46. Re:What about Oregon and Washington? by flopsquad · · Score: 1

      Great law review article. I gave a "brief" analysis above for why it's probably still OK to tape a call where you're the consumer in a one-party state, calling customer service that happens to be in California (probably applies to other two-party states as well). If you're the business doing the taping, or... if you're trying to tape your ex-husband who lives in Connecticut... all bets are off.

      --
      Nothing posted to /. has ever been legal advice, including this.
    47. Re:What about Oregon and Washington? by 0100010001010011 · · Score: 1

      Someone pointed out some small idiosyncrasies about the dialog leading them to believe that this person was in the Philippines.

    48. Re:What about Oregon and Washington? by aaarrrgggh · · Score: 1

      Use speaker phone. Once you are on speaker, there is no assumption of privacy. Once there is no assumption of privacy, then you can record... at least in California.

    49. Re:What about Oregon and Washington? by qbast · · Score: 1

      At some point, some of their states will decide they don't like the federal government and want to secede. At that time, the EU will be faced with the same decision that the USA was faced with when the southern states decided to secede from the US. Either lose a large chunk of their political and economic power or conquer the seceding states.

      UK is halfway to seceding already (there is supposed to be referendum in 2 or 3 years). However other EU countries trying to keep UK by force is simply unimaginable.

    50. Re:What about Oregon and Washington? by Just+Some+Guy · · Score: 1

      That's right. They don't say "we might be recording this conversation". They say "this call is allowed to be recorded". Well, thanks!

      --
      Dewey, what part of this looks like authorities should be involved?
    51. Re:What about Oregon and Washington? by udachny · · Score: 0

      "Not liking" federal government is one thing, having the contract between the federal government and the States (Constitution) broken by the federal government is another thing altogether. The federal government broke the contract long time ago, all States SHOULD secede. If the current powers of the feds were in the original Constitution NOT A SINGLE STATE WOULD HAVE JOINED IN to be ruled by this insane oppressive regime.

      EU is nothing like the original USA, USA was built on the promise of individual freedom, freedom from government, not a gigantic all consuming socialist/fascist welfare state.

    52. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      That ship has already sailed.

      Greenland used to be part of the EU, but left (peacefully I might add).

    53. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      "It's crazy that each state has its own laws!"

      This attitude always amazes me. That is the entire point of the United States!

      No it isn't. The entire point of the United States was to team up and have a chance of throwing off the King's rule.

    54. Re:What about Oregon and Washington? by Belial6 · · Score: 1

      We can hope. There was a time that the same could have been said about the US.

    55. Re:What about Oregon and Washington? by Zebai · · Score: 2

      It depends heavily on what your calling in for, for example if you call in for internet issues chances are your going to get outsourced ( and i don't blame them for this a lot of internet calls tend to be PC/router issues). It also depends on where you live, some areas by contract require certain considerations such as hold time, outage response times..those areas are routed domestically to certain areas that are aware of those requirements. There is also some quality control, if it detects you have spoken to a large number of reps over a short period it has a higher priority to be routed domestically as well as it is obvious your problem is not getting solved.

      I think the biggest problem with comcast is that the upper management ignores the lack of quality control and accountability for outsourced support that local agents are subject to. Even if every mistake or bad behavior is reported (which it is not simply because you just don't have the time and have to fix it and move on) the difficulty of reporting that behavior to out of country management team and ensuring that they correct it is alot higher than sending msg to an internal manager/sup.

    56. Re:What about Oregon and Washington? by whovian · · Score: 1

      I interpret this the same way. It doesn't say "recorded by us" or "recorded by us exclusively" but merely "may be recorded."

      In fact the phrase "may be recorded" is open to interpretation and can mean both "we might record it" and "we give permission to record it."

        Still, I wouldn't put it past some company to try the "you recorded us illegaly" tactic.

      I take their "may be recorded" as telling me what the company consents to my doing.

      At other times, companies are providing caveats, fineprints, and EULAs. Should phone calls be any different?

      --
      To-do List: Receive telemarketing call during a tornado warning. Check.
    57. Re:What about Oregon and Washington? by jonbryce · · Score: 1

      Vodafone certainly did, and when I sent those recordings to the Telecommunication Ombudsman, they ruled in my favour.

    58. Re:What about Oregon and Washington? by Nyder · · Score: 1

      I'm willing to be damaging a companies reputation with an illegal recording is going to get you into trouble, but I've always taken "this call may be recorded for quality assurance purposes" to mean I am allowed to record, to assure quality service.

      If one of that parties says they reserve the right to record, it allows the other party to record without saying anything in Washington State.

      --
      Be seeing you...
    59. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      the question is: is it illegal to record someone without their permission? or is it just inadmissible in a court of law?

    60. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      Comcast Customer Found Wiretapping [Your] Support Calls

      captcha: pervert

    61. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      You sneaky bastard.

    62. Re:What about Oregon and Washington? by sjames · · Score: 1

      I'm guessing Comcast and CenturyLink are not run by poor people.

    63. Re:What about Oregon and Washington? by Art3x · · Score: 1

      It's crazy that each state has its own laws!

      I'm taking this quote totally out of context, I know, but I think the idea of The United States, instead of The Large Monolithic Country Spanning This Much People and Land was ingenious. Like anything, it can be abused. No matter how many laws you make, you can't stomp out wickedness. By the way, this was the original meaning phrase, "You can't legislate morality."

    64. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      You're not thinking like a lawyer!

      This call may be recorded for quality and training purposes.

      Yes, you may record the call... but only for the purposes of quality and/or training, you're not allowed to use it for complaints or litigation.

    65. Re:What about Oregon and Washington? by AvitarX · · Score: 1

      It's illegal in states that require two party consent, usually falling under eavesdropping laws.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    66. Re:What about Oregon and Washington? by Anonymous Coward · · Score: 0

      That's right. They don't say "we might be recording this conversation". They say "this call is allowed to be recorded". Well, thanks!

      Actually, it's important how they say it, and it isn't how you put it. All the ones I've heard say "This call may be recorded blah, blah, blah" One interpretation of the word "may" is "can" as in "This call CAN be recorded", which BAM right there gives you permission.

    67. Re:What about Oregon and Washington? by Just+Some+Guy · · Score: 1

      Well, right. They don't say, verbatim, "this call is allowed to be recorded". They say "this call may (meaning: is allowed to) be recorded".

      --
      Dewey, what part of this looks like authorities should be involved?
    68. Re:What about Oregon and Washington? by metaforest · · Score: 1

      In WA it is sufficient to inform the party that a recording may be made. I know this because I was Director of Operations for an inbound call center.
      The call flows announced at the beginning of the call, "This is Blah Blah Blah, your call is important to us. All agents are busy at this time, your wait time will be x minutes. This call may be recorded for Quality Assurance Purposes." Every call heard the entire greeting even if agents were available at the time the call was answered. I don't have a link but this was vetted by the staff attorney as best practice.

      Also, the agent who answers the inbound call, or places an outbound call, knows that all calls are recorded. It is part of their training. I don't think there is any way that an entity like Comcast or CenturyLink would have a leg to stand on if the customer records the call without announcement. However, IANAL.. YMMV.

    69. Re:What about Oregon and Washington? by infinitelink · · Score: 1

      We are becoming a country where the rich can do anything they want to everyone else.

      "Rich" is the wrong word--and the distraction (intentional). Here's your correction:

      We [have become] a country where [increasingly] th[ose with pull] can do anything they want to everyone else.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    70. Re:What about Oregon and Washington? by micahraleigh · · Score: 1

      What's crazy is giving the federal government unilateral control to stack laws on people for its own political purposes.

    71. Re:What about Oregon and Washington? by micahraleigh · · Score: 1

      Nice!

    72. Re:What about Oregon and Washington? by stoatwblr · · Score: 1

      If the conversation is interstate then single party laws apply.

      2-party laws are generally abusive and I'll bet that Comcast themselves were recording the call. I've seen a number of companies conveniently "lose" their records when it suits them - and a judge haul one up when they then proceeded to produce recordings older than the one which had been "lost"

    73. Re:What about Oregon and Washington? by stoatwblr · · Score: 1

      I have had bank staff refuse to talk to me when I've informed them the call is being recorded, DESPITE their own phone system telling me that they may record calls - or put me through to their supervisor.

      It's made for interesting discussions with the local bank manager. The last time was before Youtube got popular or I'd have put the results online.

    74. Re:What about Oregon and Washington? by stoatwblr · · Score: 1

      That gets even more interesting.

      I have had offshore callcentre staff try to tell me that my recording the call is criminal under their local laws.

      Indian and Filipino staff are particularly prone to this kind of wildeyed claim (It's not illegal in either country in any case)

      The answer to that is "Well, diddums. Sue me. Meantime I'm sending a copy of this recording to the company head office"

    75. Re:What about Oregon and Washington? by stoatwblr · · Score: 1

      The Californian case is interesting on a number of levels, but if that decision was appealed to the federal circuit I'd give it a life span of about 15 minutes.

    76. Re:What about Oregon and Washington? by 0100010001010011 · · Score: 1

      Personally it's always a case of "Easier to apologize than get permission".

      I don't care if recording the police is illegal, I'd rather have a video of them beating a guy go viral and me doing it "illegally" than nothing. Same goes for Comcast. Fuck all if it's "illegal" in my state. I'll edit my voice and release it anonymously.

  6. I have to record calls for a living... by jddj · · Score: 5, Informative

    I do stakeholder and user interviews, and may not be able to predict what telephony equipment I'll find at a site.

    I realize you're asking for a smartphone or VOIP app, but what I've come to rely on is the JK Audio QuickTap: http://www.jkaudio.com/quickta... - it can record both sides from virtually ANY corded-handset phone. Sounds great, it's a passive device, so no batteries, no AC, it's little and comes with the adapters you need for a pocket recorder (like the Olympus recorder I use, but works with a PC/Mac input as well...).

    This works nearly anyplace, and sounds great. Whatever you do, DO NOT try the Radio Shack device for cheap cheap that claims to do the same thing. The Radio Shack device has a little switch on it. Position 1 is "Suck", and Position 2 is "Suck Differently". You buy this thing and you've hosed yourself.

    Full disc: I don't sell these, have no ownership, employment or other stake with JK Audio: they just make tools that work when I desperately need 'em to, and I love 'em.

    1. Re:I have to record calls for a living... by Anonymous Coward · · Score: 0

      As someone who sells JK Audio products, they rock. I never have anyone calling in to return them because it didn't work and have an easy time explaining what they do to clients. I wish all the equipment I sell was as reliable.

    2. Re:I have to record calls for a living... by alexo · · Score: 1

      That's great, as long as you stay out of Canada.

    3. Re:I have to record calls for a living... by Anonymous Coward · · Score: 1

      That's great, as long as you stay out of Canada.

      From that page:

      Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

      First of all, you're not doing surreptitious interception if you're intercepting your own call. The device is also not designed for it since it's quite obviously connected between your handset and your phone.

      Secondly:

      [2] Subsection [1] does not apply to
      [...]
      [b] a person in possession of such a device or component for the purpose of using it in an interception made or to be made in accordance with an authorization;

      Presumably if you've informed the other party that you're recording the call and they've agreed to it, then the interception is being made in accordance with an authorization.

      Having said that, IANAL, much less a Canadian one, so don't quote me when you end up in prison.

    4. Re:I have to record calls for a living... by bjdevil66 · · Score: 1

      The kicker is that if you have a cheap, corded phone that ALSO plays a role. I bought the Radio Shack device, plugged it into a cheapo speakerphone I had purchased at Target, and it didn't work. If you turned your speakers all the way up, you could barely hear a mumble in the recording.

      I bought the JK Audio device online, and THAT didn't work well, either. Surprised, I threw out the speakerphone and got a better one - and the JK Audio device suddenly worked like a champ.

      I wish I would've kept the Radio Shack device to try it out on that new speakerphone, but I guess the rule was that you generally get what you pay for when you buy the cheapest thing at Wal-Mart, Target, etc.

    5. Re:I have to record calls for a living... by Anonymous Coward · · Score: 0

      Canada has lots of laws, most of which don't get enforced as the SCC likes to strike down the dumb ones when given the opportunity. In any case, Provincial law would take precedence (Notwithstanding Clause is the ultimate form of this) and it's a single-party notification. In Ontario, you're covered as long as you were recording to protect yourself or your interests. If you do it to be a dick and blackmail/embarass/harass someone (Prurient interest, I think?) then you are the wrong side of the law. Public figures are exempt from the 'embarassed' part (helloooo Mayor Ford.) IANAL, so check for yourself at e-laws.

  7. No mention of reddit :-( by Anonymous Coward · · Score: 0

    Redditor posts this, Arstechnica picks it up, then Slashdot gets it and fails to reference reddit? Is that because they compete or am I just overlooking something?

    1. Re:No mention of reddit :-( by Anonymous Coward · · Score: 2, Insightful

      because fuck reddit

    2. Re:No mention of reddit :-( by Anonymous Coward · · Score: 0

      Practically nobody on the internet gives a fuck about original sources. People link to shitty blogs/news aggregators rather than just linking to the one twitter post that was the whole meat of an article. Hopeless.

      Not to mention that major sites are basically clickbait farms now. Tangential junk put up just for add hits or SEO pumping.

    3. Re:No mention of reddit :-( by Luckyo · · Score: 2

      You're missing the fact that original source is youtube, which is linked.

    4. Re:No mention of reddit :-( by EvilJoker · · Score: 1

      I saw this on Gawker yesterday, where it was presented as original. I considered submitting it here, but dismissed it as being from an untrustworthy source. Had I seen it on Ars, I probably would've submitted it here. Ars is a lot more respectable than Reddit or (esp) Gawker.

  8. Legal pemission? THEY GIVE IT! by pla · · Score: 5, Insightful

    Just about every call I've ever made to a sufficiently-large company has started with the automated disclaimer that "This call may be recorded for quality assurance".

    Well then, thank you. They just gave permission. This call may be recorded. Thanks, Comcast!

  9. Why isn't call recording a smartphone feature? by swb · · Score: 4, Interesting

    Is it just because of "wiretap" laws? It seems like it would be a pretty trivial feature to add to smartphones. It's also easy to see how it could be very easily enhanced beyond simple audio files -- automated or selective recording of only some calls ("Answer and record", "record all calls" flag in contacts, speech-to-text, and so on).

    Recording calls USED to be very easy -- $5 telephone pickup from Radio Shaft and a cassette recorder.

    1. Re:Why isn't call recording a smartphone feature? by NixieBunny · · Score: 1

      It is a feature, but it's only available to the NSA.

      --
      The determined Real Programmer can write Fortran programs in any language.
    2. Re:Why isn't call recording a smartphone feature? by Dagmar+d'Surreal · · Score: 2

      It's because cell phone companies are cowards and are worried they might get sued, basically. ...also, they are probably more than a little nervous about having the feature used against them when their sales/support representatives lie about something.

      The feature is actually part of Android, but apparently requires some driver magic to get the audio streams from the radio, and without that support you have to jump through a lot of hoops to get it working. Expect to try a few apps before you find one that works properly and reliably. Also, check your local statutes to find out whether or not your jurisdiction is one-party consent (meaning only one particiapant--typically you--has to know the recording is taking place) or is a two-party consent area where you must inform the other party that the call is being recorded or it's considered an illegal wiretap. I've yet to see any app that does OGM notifications of recording.

      That having been said, Tennessee is a one-party consent state, which means I only have to worry about whether or not I am aware of a call being recorded. Skvalex has an application called (rather unimaginatively) Call Recorder that has worked on both the Samsung Galaxy S2 I used to have as well as the Samsung Galaxy S3 I currently have (using the ALSA method), and I've been using it for awhile. It's fairly inobtrusive, can record straight to the external SDCard, and can be configured to delete messages older than X days (unless you flag them as favorites) or limit the number of messsages and/or total amount of space used.

      If your friends complain about having their calls to you recorded, tell them to STFU and install RedPhone already (or pick better friends) because the NSA is for damn sure recording their calls.

      I have used Call Recorder to burn sleazy telemarketers ("FSS Secure" ring a bell for anyone?) on a few occasions now, and I'm about to make YouTube celebrities out of some "Academic Advisor" people.

    3. Re:Why isn't call recording a smartphone feature? by Anonymous Coward · · Score: 0

      Recording still is easy on some phones. I use Android and rooted/custom ROMs. Cyanogen does NOT (and will not), but most of the custom ROMS do support recording at least via third party (e.g. API is there).

      I use BoneStock and I have a record button on my call screen. Press it and it starts recording both sides (e.g. not via the mic).

      So, if recording is something of value, take a look into that.

    4. Re:Why isn't call recording a smartphone feature? by geekmux · · Score: 3, Insightful

      Is it just because of "wiretap" laws? It seems like it would be a pretty trivial feature to add to smartphones. It's also easy to see how it could be very easily enhanced beyond simple audio files -- automated or selective recording of only some calls ("Answer and record", "record all calls" flag in contacts, speech-to-text, and so on).

      Recording calls USED to be very easy -- $5 telephone pickup from Radio Shaft and a cassette recorder.

      It's still easy to record telephone conversations (speakerphones, digital handheld recorders, and likely apps). What is not so trivial is the average consumer actually using those recordings to their advantage without violating state or federal law.

      Besides, would you really want this to be a prevalent feature on smartphones? All of your friends having recordings of your phone conversations? Apps being dropped on the phone that access and share these recordings (via the EULA no one reads anyway). How long before the Facebook/Twitter/Instagram app simply turns on recording and sharing by default, leaving you scrambling to secure your new eavesdropping spy-phone? We act like the current data collection methods aren't intrusive enough.

      And yes, it is very sad to think about new and cool technology in this way, but it's the sad reality of the world we live in. One should question how new tech will be abused. It's certainly no longer a question of "if" anymore.

    5. Re:Why isn't call recording a smartphone feature? by Anonymous Coward · · Score: 0

      IIRC, iOS specifically doesn't allow recording calls. Something in the hardware prevents it from happening.

    6. Re:Why isn't call recording a smartphone feature? by Dagmar+d'Surreal · · Score: 1

      I've got news for you, man, Cyanogen doesn't need to "support" it. It simply works if the driverspace support is there because it's a part of the Android API from like 4.3 (possibly 4.2) onwards.

      I've been using Skvalex's Call Recorder with CyanogenMod from 10.0 all the way through to the d2lte 11.0-M8 nightlies. It does work on my very phone although you'll generally have to route things through ALSA to avoid malfunctions (most notably, the other party hearing strange echoes of what they say).

      SPH-L710, and before that the SPH-D710. ...although from what I can tell it's much easier with a number of other vendors. Sprint are such a pack of assholes.

    7. Re:Why isn't call recording a smartphone feature? by ShakaUVM · · Score: 1

      >Is it just because of "wiretap" laws? It seems like it would be a pretty trivial feature to add to smartphones. It's also easy to see how it could be very easily enhanced beyond simple audio files -- automated or selective recording of only some calls ("Answer and record", "record all calls" flag in contacts, speech-to-text, and so on).

      Apps already exist that do all that. I use CallX on my phone, but I keep it disabled since I live in California. But before calling the IRS or whatever, I'll turn it on and ask the agent if it's okay to record the call.

      >Recording calls USED to be very easy -- $5 telephone pickup from Radio Shaft and a cassette recorder.

      Even easier now. Just tap a button and there you go.

    8. Re:Why isn't call recording a smartphone feature? by Anonymous Coward · · Score: 0

      Doesn't seem too bad. These days, who uses traditional phone calls for anything except calling companies that provide no other option anyway? For socializing, I use SMS, IM, Skype, Google Hangouts, etc. I presume SMS and IM is recorded by the recipient anyway, just because that's the nature of the medium.

      Much like postal mail has become just the way that junk mail reaches you, telephone is quickly becoming just the way you get customer service for companies with terrible customer service. In which case I'd love for call recording to become a standard feature, since it'd probably put an end to that sort of thing pretty quickly.

  10. Re:Legal pemission? THEY GIVE IT! by DigiShaman · · Score: 1

    Correct! So what if I placed an on-demand playback of "This call may be recorded for future review". How many CSRs at the other end would drop my call?

    --
    Life is not for the lazy.
  11. Theft by anmre · · Score: 2

    "Over-charged" in this context implies that the bill was too high -- like when your waiter "charges" you for an extra cola that you didn't actually order. When you point it out to him, he goes back and prints a new check before you pay him. What mega-corporations like Comcast will do is simply ding your credit card on file without authorization for a product or service which was neither requested nor provided. Taking something which you aren't entitled to is theft, so let's call this what is: THEFT.

    1. Re:Theft by devman · · Score: 1

      This is exactly the reason I use electronic bill pay through my bank and don't use the service providers auto pay system. I like to see the bill before I authorize payment.

    2. Re:Theft by EvilJoker · · Score: 1

      Doesn't matter, they'll send it to collections for an unpaid debt

    3. Re:Theft by devman · · Score: 1

      There are legal remedies available if they send a bogus charge to collections. Several of them can be exercised without engaging a lawyer. It usually never gets that far, anytime I've had to call about a billing error it has been fixed over the phone.

      The point of my original comment to say that one should not blindly pay bills with auto pay systems, the bill should be examined and errors corrected before sending payment. It doesn't take much effort to verify the bill is correct once a month.

  12. That's why I use chat instead of phone by NixieBunny · · Score: 1

    Just yesterday I had to engage with my ISP's support folks to resolve a network speed issue. Fortunately, I had saved the chat sessions from when the same problem occurred two years ago. I ended up pasting part of a previous chat session into the current chat session so that the CSR could see what worked last time. Result: problem resolved in hours, not days

    --
    The determined Real Programmer can write Fortran programs in any language.
    1. Re:That's why I use chat instead of phone by geek · · Score: 2

      Just yesterday I had to engage with my ISP's support folks to resolve a network speed issue. Fortunately, I had saved the chat sessions from when the same problem occurred two years ago. I ended up pasting part of a previous chat session into the current chat session so that the CSR could see what worked last time. Result: problem resolved in hours, not days

      I too prefer chat but I ran into a problem while canceling CenturyLink service. They refuse to cancel unless you call them and speak to a "retention specialist". I was furious so I told them in chat that I was deaf and could not speak to a specialist by phone. They told me that was unfortunate but was the only way to cancel.

      About 20 minutes of back and forth with them I informed them it was illegal to deny my request based on the people with disabilities act. Within 10 minutes they canceled my account via online chat. It's sad I have to lie to these mother fuckers to close an account. They basically ensured I will never, under any circumstances, do business with them again.

    2. Re:That's why I use chat instead of phone by Anonymous Coward · · Score: 0

      If you ever have to use that lie again, you probably want to get the name of the law correct, it is the ADA - Americans with Disabilities Act.

  13. Android and call recording by Gaygirlie · · Score: 0

    I don't think Android lets you record phone calls properly. I know there are a few apps that turn on speaker phone and then record all audio from the microphone, but the audio quality sucks. As far as I know, Android never gives access to the audio stream to userland space at all. It's one thing I dislike about it, I've wanted a good call recorder myself on Android, too. My old Nokia N900, running Maemo, does let you record both incoming and outgoing sound and gives you proper recording.

    1. Re:Android and call recording by redmid17 · · Score: 1

      The Voice Record app works fine for me. Like I said below, I typically use it to record meetings for review later, but I've used it on phone calls. It's not a professional recording setup, but it works fine for recording calls.

    2. Re:Android and call recording by Anonymous Coward · · Score: 0

      Doesn't the N900 make an annoying beep every few seconds while it's recording a call, or am I thinking of a different phone?

      CAPTCHA: replayed

    3. Re:Android and call recording by cciechad · · Score: 1

      I'm on my S3. Running Shostock and I have a record button right on the dialer application. Works quite well. I t believe it is there in the stock software just disabled.

      --
      https://www.fsf.org/associate/support_freedom
    4. Re:Android and call recording by jjhall · · Score: 1

      I have a program I just installed yesterday called Total Recall, and it works great on my Galaxy S4 Verizon. I had to root the phone for it to be able to direct-record the streams, but that is a small price to pay.

  14. It's pretty god damn easy by redmid17 · · Score: 1

    Use your smart phone. It's got a recording app that works when you call people, and the quality of my recordings have been surprisingly good. I usually use it to record sessions with clients so I can review them later, but it would work in a pinch for CS calls.

  15. Re:Legal pemission? THEY GIVE IT! by bagboy · · Score: 5, Insightful

    With any call to a place of business, credit card company, whatever - always start with the agent by telling them that you are recording the call (even if you don't - it covers your bases) - all of a sudden their attitudes will be very different and of course if you are recording then there is no question on legality. Works every time I've done it.

  16. Record every call by mwvdlee · · Score: 0

    I've been using a call recorder app for about half a year now; great not only for rare cases like these, but also for replaying a conversation to get a name or phonenumber or some other detail you've forgotten.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    1. Re:Record every call by Rick+in+China · · Score: 2

      The question was "can anyone recommend a good app", and your reply is, "I've been using a good app".. I think your post would serve better had it posted the suggested app that you're apparently happy with, no?

    2. Re:Record every call by jason331 · · Score: 2

      I use TotalRecall for my android cell and it works great. The paid version seems to work better for me and I believe it was only a few dollars to purchase. At home I have an Asterisk server running PBX in a flash. I use a Linksys SPA3201 adapter for my house phones and it works beautifully. All calls made to and from my home number are automatically recorded. Since I live in Texas (one-party consent state), I consent to all the recordings.

    3. Re:Record every call by Anonymous Coward · · Score: 0

      lol! Standard internet douche self-absorption.

      My pet peeve are people on the deal sites like fatwallet who talk about how what a great price they got at their "local" branch of some chain of stores without identifying what city they are in. Its the mental equivalent of public masturbation - a post that has absolutely no value to the reader, it just makes the writer feel good about themselves.

    4. Re:Record every call by Anonymous Coward · · Score: 0

      I can recommend a good app. Bad apps are terrible. A good app is definitely the way to go.

    5. Re:Record every call by Anonymous Coward · · Score: 0

      What about the replies to the questions in Amazon, where the person answers, "I don't know"? Completely helpful, thanks for contributing!

    6. Re:Record every call by Anonymous Coward · · Score: 0

      Unless the person is calling from California. Then, you're screwed.

      http://en.wikipedia.org/wiki/Telephone_recording_laws#United_States

      "The California Supreme Court ruled in 2006 that if a caller in a one-party state records a conversation with someone in California, that one-party state caller is subject to the stricter of the laws and must have consent from all callers"

    7. Re:Record every call by Anonymous Coward · · Score: 0

      Theoretically speaking, couldn’t that get you in trouble if a guest of yours used the phone and you forgot to warn them?

    8. Re:Record every call by jason331 · · Score: 1

      Meh, I'm a cranky old guy and don't let strangers use my phone. The people that do use it are aware of my recordings.

  17. Quit COMPLAINING about Comcast and buy them out. by F34nor · · Score: 5, Interesting

    Natural monopolies should never be for profit. This is what happens when you pay lip service to free market capitalism and fail to regulate. You get natural monoploies acting as either true monopolies or oligopolies.

    If you every household who uses comcast turn off their service and spends the 150 a month on Comcast stock even if the stock stayed steady it would take 2 years to buy them out. Then we put Nader, Lessig, et. al on the board and FIRE EVERY FUCKING EXEC AND MANAGER IN THAT FUCK HOLE.

  18. Re:Legal pemission? THEY GIVE IT! by Dagmar+d'Surreal · · Score: 2

    Nope. If you live in a two-party consent state (which is where these notifications could potentially very seriously matter) that satisfies the requirement that all parties be aware that the company you're calling is recording, but does not satisfy the requirement that all parties have been notified that you are recording. Scrutinize http://en.wikipedia.org/wiki/T... carefully to determine under which jurisdiction you live, because that's what matters.

  19. Re:Legal pemission? THEY GIVE IT! by Bite+The+Pillow · · Score: 3, Informative

    Are you sure of the legal basis of this? Or is it just logic?

    Because in my state, the wording means their recording is legal but mine is not. So that makes me think people should not rely on logic for legal matters.

  20. Re:Legal pemission? THEY GIVE IT! by geekmux · · Score: 1

    Correct! So what if I placed an on-demand playback of "This call may be recorded for future review". How many CSRs at the other end would drop my call?

    In reality, probably none. The CSR likely doesn't have the authority to simply not give you support for that reason. That would be the beauty of using something like that.

  21. Re:Legal pemission? THEY GIVE IT! by Trailer+Trash · · Score: 1

    Correct! So what if I placed an on-demand playback of "This call may be recorded for future review". How many CSRs at the other end would drop my call?

    You're missing the point. If they give notice that "this call may be recorded" then that covers *both* parties. Either one of you may record legally at that point.

    I live in a "one-party" state (TN) and used to live in another (IN) so it's never been a concern to me if I wanted to record, and I definitely have. One of my best calls was with a idiot Comcast rep - surprise, surprise.

  22. Important: recording not legal some states by Anonymous Coward · · Score: 0

    Remember that in many states, NSA is the only entity permitted to record a phone conversation without informing and consent (and that probably wouldn't be legal either if the US didn't exert its sovereign immunity). This is why your Comcast call always begins with, "your conversation may be recorded for quality control purposes." They're controlling the quality of their profits, is what it is.

    One concrete example I recall came from the Monica Lewinsky scandal. When John Goodman recorded his conversation with her from Maryland, it was okay, but if she'd been two miles away in DC, or ten miles away in Virginia, recording the call with Monica would have been a felony. Don't think for a moment that Comcast will fail to use that as leverage against you.

    1. Re:Important: recording not legal some states by PPH · · Score: 1

      NSA is the only entity permitted to record a phone conversation without informing and consent

      So ask the NSA and ask for a recording or transcript of your call with Comcast customer services.

      Don't think for a moment that Comcast will fail to use that as leverage against you.

      I'll bet they'll shit themselves if you told them you got your recording from the NSA. Note to self: Excellent idea for a product name for a personal audio recording device: NSA.

      --
      Have gnu, will travel.
    2. Re:Important: recording not legal some states by Anonymous Coward · · Score: 0

      something like a Noise and Sound Archiver(TM)

    3. Re:Important: recording not legal some states by gmhowell · · Score: 1

      John Goodman? Hehe.

      As a result of this debacle, MD changed to a two party consent state.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  23. Re:Quit COMPLAINING about Comcast and buy them out by dywolf · · Score: 4, Insightful

    Regulated utilities are allowed to make profits. But it's regulated.
    That's the problem. Comcast (and other cable cos) are operating in a natural monopoly market area, but lack any and all related regulations that we force companies operating public utilities to operate under. They are being allowed to act as if its a free market, while at the same time enjoying a quasi-utility type natural monopoly.

    They should either be
    a) forced to operate as regulated public utilities
    b) forced into actual competition

    Either one would largely fix the current situation.
    Right now they are neither, and are enjoying benefits of both A and B, with non of the consequences of either.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  24. Re:Quit COMPLAINING about Comcast and buy them out by Charliemopps · · Score: 0

    But it's not a monopoly. Your cable company has a franchise agreement with the local government. They license them to be the only cable operator in the area in exchange for control over the fees and rates the cable company can charge. They do the same thing for Gas, electricity, etc... If you don't like the deal, vote. Local Governments switch cable and telecom companies all the time.

  25. Re:Quit COMPLAINING about Comcast and buy them out by Anonymous Coward · · Score: 0

    In order for that to work, people would have to go without their football & oprah for awhile.

    Not gonna happen.

  26. Re:Legal pemission? THEY GIVE IT! by AvitarX · · Score: 1

    Is this entirely true?

    If they say "this call may be recorded for quality assurance", I'd think that's their consent to my recording, after all, these recordings are attempts to assure the quality of customer service.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  27. Re:Legal pemission? THEY GIVE IT! by brindafella · · Score: 3, Interesting

    True! "This call may be recorded..." is a bi-directional statement. I love the logic.

    Also, if in doubt, as you hear the 'statement', repeat their exact words into the phone.

    And, if in further doubt, when a real human comes on the line, ask, "Do you agree?" If the answer is a spluttering 'Yes' then.... or if 'No' then say "Please review your recording of his call, and I'll wait on the line as you do that." And, listen to what happens; It's likely to be hilarious! ;-)

    --
    Looking at space, radio, science and computing from a 'down-under' amateur enthusiast perspective.
  28. yeah yeah by roc97007 · · Score: 4, Insightful

    "Comcrap screwed me again. I couldn't get them to reverse this charge."

    "Why do you do business with them anyway? You regularly call them things like 'comcrap' and are complaining about them constantly. Why not move to another carrier?"

    "I'd love to, but they're the only game in my part of town."

    (after a few minutes of research) "No they aren't, you have Qwest Fiber available in your area. Why not switch to that?"

    "Well, Comcrap is faster. They offer (some speed) and Qwest only offers (some slightly slower speed)."

    "Ok, do you really understand what those speeds mean? How much faster is your pr0n going to download at, for instance, 15 Mbps vs 30 Mbps? In real minutes."

    "30 is twice as fast."

    "That's only the top peak speed possible from the connection. The actual speed can and does vary wildly. Besides, the speed at the head end of the service you're accessing is much more significant."

    "I've had comcrap for six years."

    "And you've HATED every minute of it! You haven't called the company by its real name in all of that time! You're regularly telling me how they promise a discount and then don't give it to you, or charge you for stuff you haven't ordered, and how you can't get any charges reversed. What the hell?"

    "I got a good price on the bundle."

    "You never answer your home phone! And you only watch stuff you've illegally downloaded."

    "I don't like commercials."

    "Ok..." (deep breath) "So, let's summarize. Of the three services you're currently paying for, you only commonly use one of them (internet), so despite the great deal you got on the bundle, any cost you're paying over and above internet is A WASTE OF MONEY. And the company regularly busts your chops. Yet you stay with them. Are you an abused spouse?"

    ...the conversation doesn't go well from there.

    This is only slightly paraphrased from a real conversation. The conclusion I've drawn from speaking to comcast subscribers is that some stick with it under the impression that they're "getting a deal", and some because they have been sold on the idea that "it's the only game in town", but I suspect that some people just like to have something to complain about.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    1. Re:yeah yeah by Anonymous Coward · · Score: 0

      "I got a good price on the bundle."

      "You never answer your home phone!"

      I hope you don't mind, but could you explain the significance of whether one answers one's home phone in this dialogue?

    2. Re:yeah yeah by Anonymous Coward · · Score: 0

      Bundle: T.V., Internet and phone service

      The Comcrap customer doesn't use the services included in the bundle so why did he buy the bundle and use the "great price" as justification? That's like buying a combo meal because it's a great price and only eating the burger while throwing away the fries and drink - all the while pointing to the great price for the combo.

    3. Re:yeah yeah by Yebyen · · Score: 1

      The bundle would be for TV, Phone, and Internet. The sentence should probably have the emphasis placed on "You NEVER ANSWER".

      The implication being that you pay extra for Comcast telephone number that is instantly sold to telemarketers, and since all of your friends have your cell phone number, only telemarketers and bill collectors are actually ringing to call you on it.

      We had this phone in a house I used to live. The rent guy ("land lord") apparently owed money on some credit cards that were in default and collections, and he was able to tell poor people moving in that there was a house phone, they could use it to look for a job so they could afford a cell phone (maybe some job better than their crappy job, hopefully we didn't have anyone moving in with no job and no way to pay rent...)

      All of the poor people inevitably had cell phones. Nobody used the house phone. If you were in the living room watching TV though, the (888) number that liked to call every day around dinner time would definitely take up 1/2 of the display area on the screen as the Caller ID was automatically routed through the television!

      Wow, that's technology.

      --
      Restating the obvious since nineteen aught five.
    4. Re:yeah yeah by aclarke · · Score: 1

      Too many of us have had too many of these types of conversations. There's a Biblical parable that starts with "like a dog returns to its vomit".

      Here my conversations of this sort generally revolve around Bell Canada. They hate their customers, lie to them, sell them insecure hardware, overcharge them, rope them into contracts, yet people I know won't switch to DSL providers with local tech support, cheaper prices, and no contracts. I can't really understand it either.

    5. Re:yeah yeah by Anonymous Coward · · Score: 0

      Of the three services you're currently paying for, you only commonly use one of them (internet), so despite the great deal you got on the bundle, any cost you're paying over and above internet is A WASTE OF MONEY. And the company regularly busts your chops.

      I can get comcast internet for a total monthly bill of $65. I can get the same internet service and their basic cable for a total monthly bill of $45. I view this as being paid $20/month to warehouse one of their cable boxes.

      Once a year, when this 'deal' runs out, I call Comcast to switch to a lower tier internet service (that only costs $50 by itself) and make arrangements to return their cable box. This call uniformly ends with restoration of the $20 box-warehousing arrangement. Sometimes it gets better - I only used to get paid $15/month to store their box.

      My choices for internet service are Comcast or Uverse, but considering them to be competitors is slightly nonsense. They may compete for "delivery of IP packets," but they are orthogonal technologies. Comcast and AT&T "compete" in much the same way that McDonalds competes with Kroger.

    6. Re:yeah yeah by ljw1004 · · Score: 1

      They offer (some speed) and Qwest only offers (some slightly slower speed)." "Ok, do you really understand what those speeds mean? How much faster is your pr0n going to download at, for instance, 15 Mbps vs 30 Mbps? In real minutes." "30 is twice as fast." "That's only the top peak speed possible from the connection. The actual speed can and does vary wildly. Besides, the speed at the head end of the service you're accessing is much more significant.

      I think you're wrong. I started with Qwest, switch to Comcast out of frustration, moved house to a different neighborhood in Seattle, switched to Qwest out of frustration, and switched back to Comcast out of frustration.

      Qwest does reliably deliver the "slower than comcast" part of its promise. The headline slower peak speeds are indicative of overall slower peak speeds. Qwest slows things down uniformly and irritatingly no matter what is at the head end of the service.

    7. Re:yeah yeah by roc97007 · · Score: 1

      "I got a good price on the bundle."

      "You never answer your home phone!"

      I hope you don't mind, but could you explain the significance of whether one answers one's home phone in this dialogue?

      Because the bundle includes the home phone.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    8. Re:yeah yeah by roc97007 · · Score: 1

      They offer (some speed) and Qwest only offers (some slightly slower speed)." "Ok, do you really understand what those speeds mean? How much faster is your pr0n going to download at, for instance, 15 Mbps vs 30 Mbps? In real minutes." "30 is twice as fast." "That's only the top peak speed possible from the connection. The actual speed can and does vary wildly. Besides, the speed at the head end of the service you're accessing is much more significant.

      I think you're wrong. I started with Qwest, switch to Comcast out of frustration, moved house to a different neighborhood in Seattle, switched to Qwest out of frustration, and switched back to Comcast out of frustration.

      Qwest does reliably deliver the "slower than comcast" part of its promise. The headline slower peak speeds are indicative of overall slower peak speeds. Qwest slows things down uniformly and irritatingly no matter what is at the head end of the service.

      But how slow is slow? For years I used Speakeasy at 3 Mb/sec rather than deal with Comcast. And then fiber became available, and I was perfectly happy with 15 Mb/sec for a few more years. Most recently, the fiber provider (not Verizon) bumped the download speed to 25, and I'm told that soon I'll be seeing 25/25 at no extra cost. Comcast advertises a faster speed, but why do I care? Past 15, only geeks will notice. Hell, past 3, Ma and Pa Kettle won't really notice.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    9. Re:yeah yeah by Anonymous Coward · · Score: 0

      In my neighborhood in a major metropolitan area, the options are Comcast (at 16Mbps slowest plan) or CenturyLink (was Qwest; at 1.5Mbps, upgraded from 768kbps last year) for $10 more per month. At least Comcast's business service is considerably less horrible to deal with.

      I agree that, even as a geek, faster than 16Mbps is a luxury, but 1.5Mbps (ot 768kbps!) is just not worth it to stick it to Comcast.

    10. Re:yeah yeah by Belial6 · · Score: 1

      I think that is the rare situation. More often it is "But I want to watch football." or "The only other choice is AT&T (fill in your local telephone company) and they have just as bad of service with even slower speeds."

    11. Re:yeah yeah by Just+Some+Guy · · Score: 4, Informative

      I get a choice between Comcast (who works decently enough, as much as I detest their policies) at 50Mbps, or AT&T U-verse at 3Mbps (that's all they could get the modem to train up at). One is more bandwidth than I actually need, but the other isn't enough to handle my telecommuting needs.

      Comcast is literally the only ISP available to me with greater than 3Mbps of bandwidth. Given that even the FCC thinks maybe broadband starts at 10Mbps, and that I work in tech and legitimately need decent transfer speeds to do my job, I'm stuck.

      --
      Dewey, what part of this looks like authorities should be involved?
    12. Re:yeah yeah by budgenator · · Score: 1

      Last time I did bussines with Comcast all I wanted was internet, but it was actually $7.00 cheeper to get basic TV + internet than internet alone.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    13. Re:yeah yeah by roc97007 · · Score: 1

      Last time I did bussines with Comcast all I wanted was internet, but it was actually $7.00 cheeper to get basic TV + internet than internet alone.

      But was that the ongoing price or a "limited time" price? I think the business model assumes that you'll take the really sweet six month deal, and then you'll just grit your teeth and pay the ongoing, much higher price because it's too inconvenient to change.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    14. Re:yeah yeah by Anonymous Coward · · Score: 0

      My choice for home internet is between comcast or only 1.5 MB/sec. (Or tethering with my Nexus, but that isn't practical in the long run since my Unlimited plan isn't really unlimited). Google Fiber may come next year, but until the I am stuck with that stupid awful company. They suck, but not worse than only 1.5 MB.

    15. Re:yeah yeah by Anonymous Coward · · Score: 0

      "... Why not move to another carrier?"

      "I'd love to, but they're the only game in my part of town."

      (after a few minutes of research) "No they aren't, you have Qwest Fiber available in your area. Why not switch to that?"

      Two peas in a pod. Different name, same BS. IMO, Comcast is better than Qwest, so offering Qwest as an alternative isn't really offering an alternative at all.

    16. Re:yeah yeah by roc97007 · · Score: 1

      > I can get comcast internet for a total monthly bill of $65. I can get the same internet service and their basic cable for a total monthly bill of $45. I view this as being paid $20/month to warehouse one of their cable boxes

      Comcast made the same argument to me, but my current ISP charges just over $40 a month for internet only. So the $45 Comcast price only looks good when compared to other Comcast prices. Assuming, as you implied, that you don't watch basic cable. (I don't either.) I think the deal is meant to suck you in -- you get basic cable as a loss leader, and then you upgrade so you can watch Game of Thrones, and they've got you.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    17. Re:yeah yeah by roc97007 · · Score: 1

      Mind you, I've never done business with Qwest. The point is, the person in question did have options other than Comcast that he had never considered. Maybe they weren't viable options. He doesn't know, because he's never checked.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    18. Re:yeah yeah by Anonymous Coward · · Score: 0

      Really? Try calling up the retention/loyalty dept. at Comcast. Ask them if they have Economy Plus Internet (~3Mbps) and Performance Internet (~25Mbps). Why they won't advertise the lower tiers in your area, no idea.

      Got my dad on a contract once. I called up on his behalf, and he had to agree to it. It was only supposed to be for one year. Two years would have been out of the question at the time. One year ends, and we find out it's a two year contract. Eventually I get to the point where I ask them for the audio recording of him agreeing to it. (I think when agreeing by phone, they have to record him agreeing to it.) So, they couldn't provide the audio recording. So, we were given a choice. Have the 2 year contract we supposedly were on, or "cancel it". I don't like to say "cancel" since I don't believe we were technically ever on a 2 year contract to begin with.

    19. Re:yeah yeah by antdude · · Score: 1

      For me, no other afford broadband services. No DSL, FIOS, WISP, etc. Cable wins in my areas. :(

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    20. Re:yeah yeah by Anonymous Coward · · Score: 0

      In my neighborhood, I've got two options for high-speed Internet: 1) 25Mbps from Comcast for $60/mo, or 2) 144Kbps IDSL from a local company for $110/mo.

      Yes, technically I have a choice. In practice, it's a Comcast monopoly.

    21. Re:yeah yeah by Just+Some+Guy · · Score: 1

      Note that I'm not actually complaining about faster-than-needed Internet. :-) Comcast had 50Mbps service for a small price bump over 30Mbps when I signed up, so we went with it.

      --
      Dewey, what part of this looks like authorities should be involved?
    22. Re:yeah yeah by sjames · · Score: 1

      I would consider U-Verse in spite of the lower speed except that seems to be just trading one evil lizard for another. That and I see the UVerse truck at my across the street neighbor's house every other week, often several days in a row.

    23. Re:yeah yeah by Anonymous Coward · · Score: 0

      Are you paying for extra speed you don't need?

    24. Re:yeah yeah by Anonymous Coward · · Score: 0

      Ah - thanks for the explanation. I'm not from the US so I didn't know anything about those bundles.

    25. Re:yeah yeah by david_thornley · · Score: 1

      Last time I priced internet from the cable company, I was having very little success finding ongoing prices. I had no problem with the phone company (although the DSL is a bit on the slow side) or municipal wireless (which I'm rather iffy on).

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    26. Re:yeah yeah by s0nicfreak · · Score: 1

      Try talking to someone with a family. Comcast doesn't enforce their bandwidth cap... the only other option for us has a 250gb per month limit, with a $10 per 50gb fee after that. We use about 600gb per week.

  29. Re:Legal pemission? THEY GIVE IT! by pla · · Score: 1

    Are you sure of the legal basis of this? Or is it just logic?

    Just logic, and yeah, I know, law != logic.

    Interestingly, though, Washington (one of the 10(ish) two-party states) specifically addresses and allows the loophole I mention.

  30. Recording Apps by SailorSpork · · Score: 4, Informative

    Here is an article from Lifehacker on how to record incoming calls on your smart phone. It looks hard unless you use Google Voice, and GV only records incoming calls (fear of grey areas around wiretapping laws it seems). Free Android apps seem to record all sound coming in the mic and end up being lower quality recordings.

    1. Re:Recording Apps by Anonymous Coward · · Score: 0

      If you're jailbroken there's a great app for recording all calls, gives you an extra button on your dialer to start/stop recording whenever and a manager to easily email the datestamped data. Also great for anyone that's been in a divorce. Big-data is doing it, you should too. People and Corporations alike should be held responsible for what they say.

    2. Re:Recording Apps by Anonymous Coward · · Score: 0

      And what is the name of this app?

    3. Re:Recording Apps by Dagmar+d'Surreal · · Score: 2

      No, if you actually poke around the Android store a bit you'll find more than a few apps that will record both sides of the conversation--not just record from your mic. Recording "the entire call" is a thing that's been built into the Android APIs since at least 4.3--it just requires a bit of support from the phone to work. Said "support" is often reverse-engineered and you should Just be very sure you're in a one-party consent state before you do this, because it could get you in some legal trouble.

      If you're not trying to defraud people or go out of your way to cause a problem and you live in a one-party consent state, you can basically ignore whether or not you're dealing with a caller from a two-party consent state. Every possible legal precedent will have been in your favor.

      ...and ignore LifeHacker already. They're a waste of your time for anything that requires expertise. Reading the instructions on a box of pudding before making it is not "pudding hacking"--it's just called "following f**king directions".

    4. Re:Recording Apps by Anonymous Coward · · Score: 0

      I use the "Call Recorder" app (this one, not the others with the same or similar name). It isn't free, but it works (on my Note 3) and gets both sides. It also automatically compresses recordings and has a nice interface. They have a trial version. There are others as well. Lifehacker is butts.

    5. Re:Recording Apps by Anonymous Coward · · Score: 0

      And just to amend my post: I am not rooted, I did not have to do anything funky to get it to work. YMMV, apparently it doesn't cooperate with all phones.

    6. Re:Recording Apps by Sporkinum · · Score: 1

      I use Ring Plus for my phone. All I have to do is hit ## any time in a call and it records. I log into my account afterwards and I have an Mmp3 of both sides of the call, plus a transcription. It's a google voice style transcription, so it's not the best, but the mp3 and being able to download it works great.

      --
      "He's lost in a 'floyd hole"
    7. Re:Recording Apps by someSnarkyBastard · · Score: 1

      Total Recall in my case, it's a freemium app, $10 to unlock full features though.

  31. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    > Because in my state, the wording means their recording is legal but mine is not.

    I've seen other internet commentators make similar statements. But I've yet to see some legal authority to back it up. Can you cite a case where someone made a recording under those conditions and got in trouble for it? Or a statement by a judge on the matter? Maybe even just a statement by an unbiased lawyer (as in one who wasn't currently representing someone with an interest in the law being interpreted either way)?

  32. Re:Legal pemission? THEY GIVE IT! by mrchaotica · · Score: 1

    Surely there's some legal principle (with a latin name that translates to something like "what's good for the goose is good for the gander") that automatically gives you the right to record the call if they claim it themselves.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  33. Re:Legal pemission? THEY GIVE IT! by Trepidity · · Score: 1

    Generally no; them providing notice to you that they're recording isn't the same as you providing notice to them that you're also recording.

  34. Re:Quit COMPLAINING about Comcast and buy them out by Trepidity · · Score: 2

    Gas, electricity, etc. are typically regulated monopolies though, while Comcast isn't. A company like Georgia Power can't raise its rates without legislative permission, while Comcast can set its rates to whatever it wants.

  35. Re:Legal pemission? THEY GIVE IT! by nine-times · · Score: 1

    Well if the message is literally saying, "This call may be recorded for quality assurance," then couldn't you take that as permission. It doesn't specify who should do the recording, it just says it "may be recorded". Like, "Yes, you may go to the bathroom. This phone call also may be recorded."

  36. Just pretend you're recording and ask for consent by iMadeGhostzilla · · Score: 1

    It's not illegal to say you're recording when you're not (you could have lost the recording). So just tell the Comcast person on the other side you're recording, if they object ask why what are they afraid of. I imagine the conversation will take a different direction when they "know" they are being recorded. And enough people will actually record that they likely won't dare assume you're bluffing.

  37. Re:Legal pemission? THEY GIVE IT! by LeadSongDog · · Score: 3, Insightful

    The statement of permission is that "this call may be recorded", not "we may record this call". The statement does not distinguish the party permitted to make the recording. IANAL, but that is plain English.

    --
    Oh, I'm sorry sir, I thought you were referring to me, Mr. Wensleydale.
  38. Better watch your install receipt by Anonymous Coward · · Score: 0

    I was helping my girlfriend migrate from her hideous DSL to Comcast...which I've had pretty good service from over the years, but thankfully haven't really needed to deal with customer service.

    So, I bought a modem and a wireless router. Soon as the guy had the modem connected and working, I went about configuring the router and getting wifi working, while he installed cable to the TV in the bedroom.

    After he left, we looked at the receipt, and the guy charged us for setting up Wifi. When we called Comcast we were told that he charged us because he left with working Wifi. It is one of the most ridiculous statements we ever heard. But, thankfully, when we went into our local Comcast service center, we found someone willing to think, and we were given months of free service to neutralize the cost.

    Still...it's stunning that they even thought there was an explanation here beyond just crookedness. If you have the ability to wire up a house, you have enough use of your faculties to know that you did nothing specific to a Wifi installation.

    1. Re:Better watch your install receipt by Dagmar+d'Surreal · · Score: 1

      This will sound a bit like capitulation but you can pay Comcast $3/month for a service that amounts to a "It ain't my freakin' problem" fee. I got so sick of them sending out techs to repair their equipment but still trying to bill me I took that route and I love it when they say "Well, it's going to cost you $XX for the technician's visit so that he can troubleshoot what's wrong in your home" and I say "No, it's not going to cost me a damn thing. It's going to cost you money if you send some guy out here to fix a problem that's on your end."

      When they know they're going to eat the cost of the visit, they're much less quick to try and "solve" a problem by scheduling an on-site visit half a week in the future to get you out of their hair.

  39. Re: Quit COMPLAINING about Comcast and buy them ou by Anonymous Coward · · Score: 0

    Lots and lots of whining about Comcast and how bad they are. But they are complete angels compared to the turd of a telco known as Telus. Telus sucks. It's true.

  40. Customer service is dead by Anonymous Coward · · Score: 0

    I think most anyone has experienced bad customer service. Much of customer service today is about stroking the customer and putting out a line of BS to keep them. Its never about addressing real issues or improving service. If that was the case customer service would have improved 10 fold by now. Part of the issue is the BS teaser services companies like Comcast dangle in the face of customers. Teaser rates are basically there to keep numbers up but it really does little to help a company. Mainly because companies end up spending too much of BS customer service and much less on hiring actually people to provide good service in the first place. It reminds me a lot of AT&T which spends millions on promotions and ads and does little to really improve service to a point that people would actually pay full price for their service. Comcast is certainly not alone in bad customer service, no not in the least. I pretty much expect that if I have issue with a product or service my real options are to do honest negative reviews, and simply not use that product or service again. The people who spend time with long conversations arguing to a customer service reps are more needy then actually doing themselves good. You should not have to spend hours diagnosing a new product that does not work, or put up with lousy service because your getting a deal. If a company cannot provide good customer service. Then they probably are lacking in other areas of the company too. I live in a small town which basically has only Comcast as a reliable ISP broadband provider. For me its been stable and fast and have had very little complaints. I cancelled my TV portion of my Comcast service years ago and never plan on ever using their TV service again. Again, Comcast is not alone as I found the satellite TV services to be just as bad in providing good customer service. We have become a society bent on not paying a lot for many products and services we buy. But the end results are poor support, bad customer services and even diminished product quality.

  41. What about for iPhone? or Windows Phone? by Xaedalus · · Score: 1

    Any options for those of us who aren't running Android? Any workarounds or recommendations? This is a great idea, I just haven't read any suggestions or tips on this thread about how to record using iPhone or Windows phone.

    --
    Here's to hot beer, cold women, and Glaswegian kisses for all.
    1. Re:What about for iPhone? or Windows Phone? by redmid17 · · Score: 1

      I'm sure there are apps for iPhones. No idea about Windows phones though, small market and tiny app selection.

    2. Re:What about for iPhone? or Windows Phone? by budgenator · · Score: 1

      Just flip the switch underneth your battery \snark

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    3. Re:What about for iPhone? or Windows Phone? by Aqualung812 · · Score: 1

      I'm sure there are not. Apple really locks down what apps can do, and recording calls would be something they wouldn't allow.

      Unless, of course, you're talking of a jailbroken version.

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
  42. Re:Legal pemission? THEY GIVE IT! by adamstew · · Score: 1

    Depends on how you interpret the semantics of their statement/recording.

    "This call may be recorded for quality assurance" is vague. That may be their notification to me that they are recording the call, but it could also be interpreted as "you may record this call for quality assurance". Either interpretation fits the statement of "This call may be recorded for quality assurance".

  43. Systematic over billing is fraud isn't it? by TerryC101 · · Score: 1

    So why is nobody investigating this company. Or is this just the way business is done?

  44. "May be recorded" by tepples · · Score: 1

    them providing notice to you that they're recording isn't the same as you providing notice to them that you're also recording.

    The common phrasing is "This call may be recorded". When used as a reply to "May I record this call?" it sure sounds like it'd mean "You have our permission to record this call".

  45. Comcast reps by Anonymous Coward · · Score: 0

    Every time the Comcast/XFinity truck is around, some red shirted sob comes to the door and knocks.

    My response is "Comcast! XFinity! No fucking way!"

    They scurry off like a scared rat.

    ATT Uverse hasn't come by but I'd give them the same treatment.

    It's sucks that if I want more than 1.5Mbps/0.25Mbps I have to get Uverse shit or Comcast shit.

    We have really fucked broadband service in the US of backward A.

  46. Re:Just pretend you're recording and ask for conse by Anonymous Coward · · Score: 0

    They will simply say that it is against their policy to talk to anyone who is recording the conversation. Of course it is also in their policy that they will record the conversation on their end.

  47. Advantages to living in a single consent state by Mahldcat · · Score: 1

    One of the things I first checked into when I moved to Arizona. They are single party consent, and since I'm the one recording my call, I don't have to say a blasted thing to anybody on the other line--total win!

  48. Corporate Culture by Nemesisghost · · Score: 5, Interesting

    While I haven't worked for a large number of companies(only 4), I can say that corporate culture defines these types of interactions more than any executive degree ever will. When you have a company that is solely focused on profits, you will always end up with situations like this. Yet, when you have a company that values their customers, things like this will very rarely happen. The last company & the one I currently work for are both for profit(one public & one private), but put their customers first over that profit. This happens from the CEO down to those who are the face of the company people by interacting with the "customers". The attitude of service to the customer is ingrained as a part of the culture, and any deviation from this is unacceptable.

    Contrast that with the companies I worked early on(a telemarketer & a "small loan" company) and it's night & day. These 2 companies only wanted profit, at the cost of mistreatment of their customers & employees. The attitude was to treat everybody suspiciously, and employment metrics were based on how much money you made the company. I now find it funny to see the excuses they used to justify the "good" work they were engaged in.

    This is why people like to shop at mom & pop stores, which usually cost more, than Wal-Mart. The owners of these small shops care more about their customers & making sure that they leave a good impression, than they do the immediate sale. Now this might not be for truly altruistic purposes, as mom & pop shops live and die by word of mouth, but that doesn't mean it isn't appreciated.

    1. Re:Corporate Culture by Anonymous Coward · · Score: 0

      I can agree to this generally.

      However, in regards to mom and pop shops, while I find I _generally_ get better service, if there is a major problem, its far easier to get yoru money back from chain stores.

      For chain stores, I walk, say hey it doesn't work, get my money back. For mom and pop its almost always been a hassle and almost they always try for store credit. I usually have to threaten disputing the charge on my credit card (because my credit card allows me to do that for faulty merchandise regardless of where I bought it) before they give me a refund. If it doesn't work and you don't have an alternative that I want, I just want my money to go buy it elsewhere.

  49. TV costs negative dollars per month by tepples · · Score: 1

    you have Qwest Fiber available in your area. Why not switch to that?

    Would you be saying something similar if it were a choice between 30 Mbps Comcast and 0.768 Mbps DSL? Or a choice between Comcast with a 300 GB/mo cap and satellite with a 10 GB/mo cap?

    so despite the great deal you got on the bundle, any cost you're paying over and above internet is A WASTE OF MONEY.

    Unless, as others have pointed out, Comcast offers Internet for $60 per month or Internet + TV for $55 per month. This actually does happen: see previous comments by AC, mrchaotica, and sandytaru.

  50. Android App by mordejai · · Score: 1

    I use https://play.google.com/store/...

    Good audio quality, you can choose to record all conversations by default (and then decide which ones to keep), etc.

    It doesn't have an automated notice, but you can always say it yourself :-)

  51. Re:Legal pemission? THEY GIVE IT! by qbast · · Score: 1

    Wait, if they just need provide *notice* (not ask you) and that's enough to make their recording legal, then you should be able to do the same. Just notify them that you are recording and that's it. Both parties are notified, both can record as they please.

  52. Check local laws by Anonymous Coward · · Score: 0

    Where I live (Virginia) it is legal to record any conversation as long as one party in the recording is aware. This is NOT TRUE EVERYWHERE! Know the law before you start recording stuff as you might end up in more hot water than the charges you could hope to pin on the target.

    Having said that, it is ridiculously simple to use the built in voice recorder/voice memos app and speakerphone mode on an iPhone or other iOS device. Voice recorder/voice memos stays resident and active once you start recording so hitting the home button and switching to the phone does not interrupt recording. I have used this method many times, since the iPhone 3/3GS at least.

    I put both app names in here because I believe the app name changed between iOS versions, but both work the same. Records CD quality, 16-bit, 44kHz mono.

  53. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    Are you sure of the legal basis of this? Or is it just logic?

    Because in my state, the wording means their recording is legal but mine is not. So that makes me think people should not rely on logic for legal matters.

    No, you should rely on logic for legal matters, but not rely on politicians to use logic when writing a law. There is a distinct difference in the authorship of stupid and the interpretation of stupid!

  54. Re:Legal pemission? THEY GIVE IT! by Solandri · · Score: 3, Insightful

    Because in my state, the wording means their recording is legal but mine is not. So that makes me think people should not rely on logic for legal matters.

    Are you sure? 12 states have laws requiring both (all) parties consent to a recording. This means party A agrees the conversation can be recorded, and party B agrees the conversation can be recorded. The requirement of mutual consent would seem to exclude your interpretation. i.e. Their notice is not just getting your consent to have the conversation recorded (just hang up if you don't approve), but also their announcement that they are consenting to have the conversation recorded.

    The remaining states, recording is legal if one party consents. So you can record it if you want regardless of what the other party says.

    (Your interpretation also violates reciprocity and consideration, making me think a recording under those terms would be thrown out in court.)

  55. So, is that we're now forced to do? by tekrat · · Score: 4, Interesting

    Have we become a country so corrupt that we now have to record *everything* in order to have even a modicum of justice? You can't get Comcast to not perform mail fraud unless you have a recording of them saying they won't do it, they only way to NOT have a police officer beat you to death for "resisting arrest" is to record it.

    Funny that if I personally were to turn the tables on Comcast and send them a bill for services I didn't perform, they'd have the authorities on me in an instant, and try and have me sent to jail.

    But there's no way to arrest Comcast for doing the exact same thing, even though they are legally a "person" and can even claim religious rights. Comcast is a sociopathic person who flagrantly disregards the law because they can get away with it.

    --
    If telephones are outlawed, then only outlaws will have telephones.
    1. Re:So, is that we're now forced to do? by geek · · Score: 1

      Have we become a country so corrupt that we now have to record *everything* in order to have even a modicum of justice? You can't get Comcast to not perform mail fraud unless you have a recording of them saying they won't do it, they only way to NOT have a police officer beat you to death for "resisting arrest" is to record it.

      The cop will still beat you to death. We know this, because it's been recorded and it still happened.

      As to your question about our corruption, yes. That is where we are at and you can thank Obama for a lot of it. He picks and chooses what laws he'll enforce. It's set a dangerous and deadly precedent in our nation. What's worse is, the next guy may be even less restrained than Obama.

      Why should anyone follow the laws when Eric Holder and President Obama do not? Our system has lost its integrity and will likely never recover.

    2. Re:So, is that we're now forced to do? by Jason+Levine · · Score: 1

      I was going to post about how mail fraud was Comcast's religious beliefs but it wound up sounding depressingly accurate and not funny like I intended.

      There's "it's funny because it's true" and there's "it's too true to be funny."

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    3. Re:So, is that we're now forced to do? by Anonymous Coward · · Score: 0

      Why yes. Large organisations do indeed mean that you need to keep a paper trail so that you can prove who said what, when. If your interactions with them are by phone, then that does mean you need to record your phone calls.

      Incidentally, this is but one reason why I tend to sit down and write a letter. I have templates for that personal touch, and it's no bother. The time it takes me to say exactly what I want to say usually doesn't take that long and is generally a lot more productive than 1) waiting in the queue, 2) talking to a disinterested because cheap drone, 3) prof^Wfind out you got screwed anyway. And it immediately gives me paper trail, indeed, if I fax it I get a delivery report that'll stand up in court thrown in for free.

      Of course you can do the same with recording audio, but I think letters are a better idea. Better than email even, certainly for this purpose.

    4. Re:So, is that we're now forced to do? by Anonymous Coward · · Score: 0

      Comcast can't claim religious rights, even though they worship Cthulhu.

    5. Re:So, is that we're now forced to do? by Anonymous Coward · · Score: 0

      You're like /.'s very own goatse - somewhat shocking at first, but too absurd and stupid to be offensive.

    6. Re:So, is that we're now forced to do? by SuperHighImpact · · Score: 1

      Funny that if I personally were to turn the tables on Comcast and send them a bill for services I didn't perform, they'd have the authorities on me in an instant, and try and have me sent to jail.

      No they wouldn't. They simply wouldn't pay the bill.

      --
      sHi
    7. Re:So, is that we're now forced to do? by david_thornley · · Score: 1

      It's not just telephone conversations. I've found that some companies wind up "losing" letters that aren't sent registered mail with return receipt of delivery. The receipt is legal proof that there was a delivery, and if the company loses it they can't contest my claim of what was in the letter.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    8. Re:So, is that we're now forced to do? by stoatwblr · · Score: 1

      "He picks and chooses what laws he'll enforce"

      This has been the case in the USA for the last 100 years. Picking on the current POTUS because he happens to be black or a democrat or has big ears is disingenous at best.

      The main reason we're hearing more about this stuff now isn't because it's happening more, it's because it's being reported more.

  56. Instead of an app, how about a neat piece of kit? by Anonymous Coward · · Score: 0

    http://www.callmynah.com/

    it is a handset, that connects to yours as a headset.
    it records the call....

  57. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    Or they can just say: "well in that case you will have to go through our legal department"

    And you are blackholed from getting anything done with that company.

  58. "This call may be recorded for quality purposes" by Anonymous Coward · · Score: 0

    People don't always realize it when they hear it, but nearly all customer call centers give explicit permission to record the phone calls when they announce something like "This call may be recorded for quality purposes" at the start of the call. And since they are recordinging it, you can too. So hell ya, use it to your advantage!

  59. Re:Legal pemission? THEY GIVE IT! by Superdarion · · Score: 5, Interesting

    Not everywhere, though. I worked at technical service for a US cellphone carrier and I was instructed during training to refuse being recorded. If a customber told me that he was recording the call, I was to insist they turn it off, or I would have to end the call. Curiously, it was one of the very few reasons I was actually allowed to hang up the phone.

  60. Re:Legal pemission? THEY GIVE IT! by Rakarra · · Score: 1

    You should not rely on logic or the whims of politicians. Just look at the source code and find out what the law says (preferably with the advice of a lawyer).

  61. Re:Quit COMPLAINING about Comcast and buy them out by Rakarra · · Score: 1

    That's what being a "local monopoly" means. It may be a government-granted monopoly, but it's still a monopoly from our end.

  62. Re:Quit COMPLAINING about Comcast and buy them out by Anonymous Coward · · Score: 0

    If you every household who uses comcast turn off their service and spends the 150 a month on Comcast stock even if the stock stayed steady it would take 2 years to buy them out.

    Their share price doesn't seem to be priced at all reasonably... You just gave some seriously bad advice. Once their revenue stream dries up the share price would plummet which would likely mean they could buy up a company worth nothing sooner. Still horrible advice.

  63. Comcast will keep charging for modem rentals by i_want_you_to_throw_ · · Score: 1

    Got my own Morotola Surfboard Xmas 2013. Comcast still charged me every month until I caught it on my August 2014 bill. They credited me the 7.00 per month when I asked them "so how long have you knowingly been billing me for this?"

  64. Wish I had... by Roskolnikov · · Score: 1

    My last customer service 'interaction' with Comcast involved a rate offered for services when unbundled (not part of one of their phone/internet/cable 'deals')
    Navigating their promotion site I found I could get my current package for 15 dollars less per month, I wasn't allowed to select it because I already had it; Calling them I asked for assistance, they insisted it was a bundle price and I couldn't, I explained how I got the idea, they followed the link and agreed; service rep assured me they could fix this but it would take logging a ticket and that they would call me back in a week or less.

    A week later, no call back, I call and reference my previous call, they check and tell me it has been fixed; strange, they didn't call, so I asked when they would adjust my billing; what followed is how I believe Comcast treats all of its customers... what was 'fixed' was the website, they logged the back line ticket to the web developers to fix the clearly broken (to them) offer; to confirm I was satisfied the CSR asked me to follow the link and confirm that I was no longer offered the better rate.

    I really wish I had recorded both conversations, brilliant and classic ZFG.

    --
    Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
  65. What the F$%6 by kirov · · Score: 1

    Great, now I have to recording all my conversations with service providers to guarantee they will do what they're supposed to? This is going to be a nightmare to manage.

  66. Paypal also by Steele+Clifton+Park · · Score: 1

    I had a similar situation with Paypal and incorrectly applied bank fees. After speaking with 3 agents all claiming Paypal would absolutely reimburse my fees - and after several days of hearing nothing and calling back - I recorded the 4th. The 5th time I called back and got a firm NOPE - spoke with a supervisor and all was refunded.

  67. I wish I had recorded AT&T by Rakarra · · Score: 1

    Originally I had gotten Pacbell DSL. It was pretty good, and I was quite happy. They dicked around with the connections of their non-static-ip customers (frequently power cycling the routers in the evenings to prevent people from keeping an IP), but eventually I wanted a static IP and that thing was rock-solid. I was even mostly happy with the service (emailed technical support once and found out halfway through the conversation that the guy was my brother's childhood best friend). Then Pacbell got bought out by Southwestern Bell, but they stayed pretty much the same. Then SW Bell was bought out by AT&T, and the dickery started.

    I like to pay my bills. No problems with the various companies that take the bills except for one -- AT&T. One May, I paid my bill with the online-bill-pay from my bank. No problem, I had a record that the payment had been accepted and deposited. About a week later, I got a refund check for the exact amount of my bill, and then another bill with the same amount that was now "past due" and a late fee. So.. they sent a refund so they could charge me a fraudulent late fee. I went back and forth for awhile with customer/bill service. The AT&T rep I talked to seemed genuinely puzzled by the whole thing, and she told me she had put a "hold" on the account so it wouldn't get touched while this dispute happened. Later that week the account was "closed" due to non-payment. The best part? When an account is closed in such a manner, it's immediately deleted. I received all my email on that account, and when the payment dispute was resolved, I was not allowed to have it back. I went through the painstaking process of changing the registered email address of all the online sites I had signed up for, and it's when I realized that you should never tie such things to the local telco.

    But man, I wish I recorded the phone call at the time where the rep said that I didn't need to worry about the account because it'd been frozen to prevent termination. Never trust the word of anyone on the phone; always get some sort of proof.

    1. Re:I wish I had recorded AT&T by david_thornley · · Score: 1

      In a similar series of calls to Verizon, if I talked to "Vicky" and was told something, on the next call I'd be told "Vicky doesn't work here anymore", with a slightly disapproving tone of voice. Naturally, nobody felt bound by anything "Vicky" had said. I was also sometimes told to call an individual, in which case that individual was never available and never returned calls. I wish I had had recordings of those calls.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    2. Re:I wish I had recorded AT&T by Rakarra · · Score: 1

      I was also sometimes told to call an individual, in which case that individual was never available and never returned calls. I wish I had had recordings of those calls.

      Ahhh, I was always happy to hear that when I had Pacbell Internet, as it meant I'd gotten past the clueless front-line and had gotten in touch with a back-end engineer who knew what I was talking about. Those guys always helped me out.

  68. Re: a smartphone feature?: YOU HAVE IT NOW! by Anonymous Coward · · Score: 0

    Practically speaking you have all the tools available today with your iPhone for FREE!

    An iPhone in speaker mode and then your iPhone headset plugged into your MacBook Air (or whatever other iPhone/iPod Touch or other recording device you want.)

    So you have your conversation where you have announced you are recording the call, etc. and it is done and in very high quality.

    You can get more complicated, expensive and such, but this works every time.

  69. "Calls may be recorded..." by dtmancom · · Score: 1

    Seems to me when their robot operator tells you your call may be recorded for "quality control purposes," that is all the disclaimer that is needed to record the call yourself, no matter what the state wiretapping laws may be.

  70. Re:Legal pemission? THEY GIVE IT! by scubamage · · Score: 1

    Correct. I know that at, for instance, T-Mobile a customer must be the one to hang up, or give explicit instructions that they are finished with the call. Otherwise, the CSR cannot hang up the phone or they risk losing their job. This ended up being an issue for T-Mobile employees in our area because they started getting calls from elderly folks/shut ins who just wanted someone to talk to, and they'd hang on the line for 2-3 hours refusing to hang up. The rep is powerless to hang up if the person on the line hasn't initiated hanging up. Not sure if the same applies to Comcast or not (or if the T-Mobile policy has changed).

  71. Stupidity fee by xednieht · · Score: 0

    If you are stupid enough to be a Comcast customer you deserve to be charged a premium for your stupidity.

    --

    Hope is the currency of fools
  72. ... did you file your FCC complaint today? by Anonymous Coward · · Score: 0

    ... all of this who-ha. ... did you file your FCC complaint today?

    If you know you can't get your problem resolved through the usual means just hand the issue over to the FCC. Make your problem Comcast's problem!

  73. Re:Quit COMPLAINING about Comcast and buy them out by bill_mcgonigle · · Score: 1

    Natural monopolies should never be for profit.

    Wireline services aren't natural monopolies. Anybody watching TV on FiOS or making a phone call on Cable can attest to that.

    But ... they are very frequently granted cartel or hegemony status, benefit from all sorts of incumbent protection regulations, and almost certainly feature regulatory capture. These are features of fascism, not monopolies, which is arguably much worse.

    Depending on geography, roads may be natural monopolies. Dams on rivers, extraction of resources on a given land, that sort of thing. Water, gas, and electric services are usually granted monopolies, but if they abuse prices enough there's nothing that explicitly prevents a competing water or gas line, other than government interference. In the presence of such regulations, you'll see rainwater collection, solar panels, propane tanks, etc.

    There can also be a high barrier to entry that makes competition a poor finance decison. If your whole town is wired for cable it takes a lot of money to go after that market because you have a large investment with a slow initial pay-off. But again, FTTH has been done in competitive markets - there just needs to be billions to back it.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  74. "I wish I had recordings of every conversation" by Anonymous Coward · · Score: 0

    Oh but you do and you just don't know it. call the NSA - maybe they can send you a copy.

  75. This call may be recorded by alw53 · · Score: 1

    I don't think Comcast wants to pile on more bad publicity by suing a customer for recording a call that they said was being recorded anyhow.

  76. Re:Legal pemission? THEY GIVE IT! by Impy+the+Impiuos+Imp · · Score: 1

    So if I live in a "one-party consent" state, I can just record without notifying?

    It also says California's Supreme Court ruled that if you talked to someone in California (an "all-party consent" state) you needed the CA guy's permission. How can they enforce that? Extradite? Do other states honor that or do they have their own balls?

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  77. Re:Legal pemission? THEY GIVE IT! by EvilJoker · · Score: 1

    Listening to a call while they're on it? There are so many analogies here...
    Movies: Inception.
    Coding: A function calling itself
    Cliches: Snake eating its own tail

    And oh so many more...

  78. Re:Quit COMPLAINING about Comcast and buy them out by A+nonymous+Coward · · Score: 1

    How can anyone pay lip service to free markets by regulating them?

    The problem is that government regulates them as monopolies. They create the problem in the first lace by creating the monopoly, then offer to fix the problem by adding regulation. If it were a truly free market, without government sponsored monopolies, regulation wouldn't be nessary.

    Look up the history of AT&T, how they were acting like a bully, but when the lawsuits began to have an effect and counter their actions, they begged the government to regulate them as a monopoly. If the government had just said no, they would have been brought to heel within a few years; the market would have worked.

    It never ceases to amaze me how often I am amazed at people who cannot grasp this simple concept, that government specialized in correcting problems it created. Even that great social experiment, US alcohol prohibition from 1920-1933, was not ended by repealing the prohibition, but by changing outright prohibition to regulation.

  79. Re:Quit COMPLAINING about Comcast and buy them out by budgenator · · Score: 1

    Natural monopolies should never be for profit. This is what happens when you pay lip service to free market capitalism and fail to regulate.

    We'd be so much better off if Comcast took all of the money paid out as dividends and put it into bonus checks for management instead.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  80. Wiretap laws are anachronistic by langelgjm · · Score: 1

    Besides, would you really want this to be a prevalent feature on smartphones?

    Yes. With virtually every other form of electronic communication we have today, we know that it can be (and likely is being) recorded and archived. E-mail, SMS, Facebook messages, video camera footage (without audio), license plate location details through ALPR, credit card usage information, utility usage information through smart meters... heck, even WHO you call and for how long is being recorded by the phone company and shared with law enforcement, no warrant required, since that's "just metadata" recorded by a "pen register" and doesn't fall under wiretap laws.

    Now, ask yourself, who benefits from that fact that it's difficult for the average citizen to record their phone calls? And why is it that every entity with any significant power or revenue records their phone calls, and simply informs you of that fact without offering any choice? How exactly does it benefit me that all my interactions with Comcast or AT&T are recorded and kept by them and I have nothing?

    Maybe you think there should be more protections for all the other forms of communication and data, but that's not going to happen. And just like it was in the interest of law enforcement for them to be able to record you, but not for you to be able to record them, I think you need to think hard about whether you really want to preserve an illusion of privacy, or actually be able level the playing field.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
  81. Re: Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    I currently work in a call center and if you advise me that you are recording this call i simply state i do not authorize the recording. If you still insist you can send all corospondence via written communication. End of call.

  82. Re:Quit COMPLAINING about Comcast and buy them out by trawg · · Score: 1

    But then those new shareholders might start getting a taste of the sweet sweet dividends possible when you're owning an unregulated, monopolistic company that makes ridiculous profits and change their tune.

  83. Easy solution by bkr1_2k · · Score: 1

    The easy solution is to not do business with them. I had to call every month for a year due to overcharging for television service I didn't have and "multiple computers" back when they tried that nonsense. I eventually told them I'd had enough and they wouldn't get another penny from me and to cancel my service. I never once saw any kind of credit issue from it though they did try for the next year to get me to reinstate my service.

    I haven't used any of their services for over 10 years now and haven't missed it a bit.

    You want to change their policies? Speak with your wallet!

    --
    "Growing old is inevitable; growing up is optional."
  84. SOCK PUPPET ALERT by Anonymous Coward · · Score: 0

    udachny is a confirmed sock puppet of roman_mir. he believes himself to have too important of a religious mission on slashdot to be constrained by its plainly presented rules, so he uses multiple accounts to give the appearance of being widely accepted here. don't fall for it.

    1. Re:SOCK PUPPET ALERT by Anonymous Coward · · Score: 0

      isn't that why his signature says "MY OTHER COMMENTS" with a reference to the other user Id?

    2. Re:SOCK PUPPET ALERT by Anonymous Coward · · Score: 0

      while he is a devout cult member who hasn't had an original thought in many years, he is smart enough to know that a lot of people don't display signatures at all; and many who do display them don't read them. if he was less of a hypocrite he would learn to get by on just one account regardless.

  85. Re:Quit COMPLAINING about Comcast and buy them out by Anonymous Coward · · Score: 0

    The available public shares would not be enough to gain a controlling stake in the company. Do you think any company would allow that? lol, you must be SMRT

  86. you coud use a free conf service to record by Anonymous Coward · · Score: 0

    This is NOT to be construed as legal advice and there are clearly some legal issues depending what state you're in and what state you're calling.

    I used to use a free conference service that includes recording in combination with google voice on my android. I set up an account on freeconferencecall.com(I don't own any stake in these guys ...just a user). There's a few services out there...look around.

    I call my conference number using my android and start the recording. Once the recording starts, then I use the add a call option in my android and use my google voice line to dial in the customer service or whoever I want to record and then hit merge to merge the 2 calls as soon as it connects. I've recorded up to an hour and a half no problem but they say there's a 6hr per call limit. Unlimited calls.

    It's a bit of a cludge but I get nice crisp clear recordings that I can download at any time.

  87. Android Call Recorder by Anonymous Coward · · Score: 0

    There are many:

    https://play.google.com/store/search?q=call%20recorder

    I use https://play.google.com/store/apps/details?id=com.record.my.call . It records all calls by default and then prompts me to ask if I want to save the recording.

    Legality in your locality is obviously your problem.

  88. yeah yeah by Anonymous Coward · · Score: 0

    Yeah, until you realize that Qwest's service is actually almost as bad as Comcast. Also, their service actually IS significantly worse.

    I had their fiber at my old house and it was great. I ended up upset every time I had to deal with them on the phone, but I generally didn't have any horror stories.

    Then I moved about ten minutes north and I wasn't in their fiber area anymore. Turns out they only got fiber to people within a mile or two of downtown. I switched to their DSL, which maxed out at 12 mbps. It was garbage. Netflix was pixelated during evening hours when I normally wanted to watch a movie. Data was slow.

    I finally switched back to Comcast because it was the only service available in the city that would get me Netflix in HD. And cancelling Qwest was it's own agony.

  89. Re:Legal pemission? THEY GIVE IT! by Anguirel · · Score: 1

    As a non-lawyer, I'm going off other posts on this topic from other non-lawyers: They'd just file the case in CA to help ensure CA law was used for case. Also, since the one filing the case is likely to be the guy in CA, it'd be a lot easier for them to file locally. Some sort of Long-Arm statute would likely come into play, and the more restrictive set of laws would be enforced.

    --
    ~Anguirel (lit. Living Star-Iron)
    QA: The art of telling someone that their baby is ugly without getting punched.
  90. Re:Legal pemission? THEY GIVE IT! by nurb432 · · Score: 1

    here they gave permission by answering the phone. and i dont have to tell them i am doing it..

    --
    ---- Booth was a patriot ----
  91. *recommending a good Android app* by nurb432 · · Score: 1

    The OP asks a rather simple technological restriction, and instead we get a bunch of mis-informed arm chair legal posts, mostly from idiots.

    my my, amazing how far Slashdot has fallen.

    --
    ---- Booth was a patriot ----
  92. Standard by Anonymous Coward · · Score: 0

    Why isn't call recording a standard built-in feature in all phones? I thought we would have them by now. Are we still leaving in the 1800s? :

  93. "Quality assurance"? by dfm3 · · Score: 1

    I've wondered about this. Could a statement that a call may be recorded for "quality assurance" or the like be interpreted to mean that I, as the customer, also have permission to record the call... you know, to assure that I'm getting the quality of service that I expect?

  94. No no no by Anonymous Coward · · Score: 0

    Freedom must be carefully controlled and regulated. Preferably by a coterie of Three Letter Agencies who nominally report to an elected government, who themselves nominally report to the citizens. However there is a very helpful intervening procedure called "lobbying" and "political contributions" that allow "more important citizens" "access to decision makers".

    Therefore don't worry be happy. This is a place you can do business in. If you have money.

  95. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    And what would you do if they told you they don't want you recoding them for quality assurance?

  96. Recommend the original VRecorder by Deliveranc3 · · Score: 1

    New apps are broken. One with auto encrypt would be better though. Anyone got one that records to ogg or mp3 and has ecryption?

  97. Re:Legal pemission? THEY GIVE IT! by sjames · · Score: 1

    They don't say "We may record this call for quality assurance", they say "This cal may be recorded for quality assurance purposes". nd as in TFA, the recording certainly did assure the quality of the service for the customer.

  98. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    At the beginning of your conversation with the CSR, you just ask:
    "Do you know that this call is recorded?"

  99. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    What's so damaging about a customer recording the call? What could possible go wrong as a result?

  100. Re:Legal pemission? THEY GIVE IT! by david_thornley · · Score: 1

    I believe the general rule is that ambiguities in boiler-plate or standard language are typically resolved against the party saying that. In that case, any reasonable interpretation of the recording should be legally OK.

    Note: I'm not a lawyer. If this is a matter of legal importance to you, ask a lawyer.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  101. Re:Quit COMPLAINING about Comcast and buy them out by david_thornley · · Score: 1

    There's nothing natural to prevent competition?

    So, you think that I should be free to install my own competing water company, and run a duplicate set of pipes? You do realize that my pipes will have to cross public and likely private property, so I need some sort of authority or at least government permission? That this means that pipes will be used very inefficiently? That there is finite space to run pipes?

    If I want to run overhead cables, I will find that there are safety limits on attaching cables to utility poles, and these can be hit by carrying telephone, power, and cable service.

    Distribution networks like this are generally natural monopolies.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  102. do not consent to being recorded by Anonymous Coward · · Score: 0

    Whenever I deal with a company that says they are recording, I always reply that I do not consent to being recorded. I've never had anyone continue the conversation at that point. They usually hang up, or say they will call me back from a non-recorded line.

  103. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    You know, I was just reading Florida's statute. It sounds to me like the NSA is in pretty direct violation of Florida's laws regarding the interception of telephone and other electronic communications, but I'm betting thrice married Florida Attorney General Pam Bondi is to busy "defending traditional marriage" to have time for taking on the NSA...Oh wait, she's asking the court to put the cases on hold pending a SCOTUS ruling on marriage equality, so she does have time to go after them.

  104. Recording in California by tangle001 · · Score: 1

    I believe in California it is still a felony to record anyone anywhere with a recording device while intentionally doing so without the subject's knowledge.

  105. Yes they don't like it up 'em by Anonymous Coward · · Score: 0

    ...as we say here in the UK. I have habitually recorded phone conversations with Utilities in particular - because they simply hold the phone away from their ears whilst you are talking, maybe take a drag on their cigarette, have a sip of coffee - then hang up. It's amazing the focus that comes to bear on your complaint when I announce they are welcome to drone on about the company Mission statement as it's all being recorded for the County Court case that's coming their way.

    Recording the conversation is a great leveller and I found it very easy to do with a speakerphone and a "voice recorder" utility on an old mobile phone. Additionally, their outlook changes when you *say* you are recording the call - whether you are or not - who is to know? !!

  106. recording is great except when... by Anonymous Coward · · Score: 0

    I was in a terrible situation this last February where I was very wronged by my job and then brought into several meetings with my "manager" and the head of HR where I was bullied so badly that I began to record our conversation. Everyone involved knew how wrong I was being treated. I did get to record them firing me for recording our conversation, but I also have not worked in half a year and have been dead broke since. So, I can prove how badly I was mistreated and that I was fired for starting to record the way they were treating me, but it doesn't really do me any good either. The recording of all HR meetings or meetings with managers at work should be mandatory. Imagine how different our work environments would be.

  107. Re:Legal pemission? THEY GIVE IT! by stoatwblr · · Score: 2

    "What's so damaging about a customer recording the call? What could possible go wrong as a result?"

    The company could be caught red-handed telling fibs to customers and have it end up on Youtube.

  108. Re:Legal pemission? THEY GIVE IT! by Anonymous Coward · · Score: 0

    Are you sure? 12 states have laws requiring both (all) parties consent to a recording.

    The problem is that these laws aren't consistent with rights arising under the 9th Amendment. The legal profession is unlikely to raise this point any time soon, since there are other rights (such as the right to ethical government, and ethical practice of law) they would just as soon the public not be thinking about.

  109. Re:Quit COMPLAINING about Comcast and buy them out by F34nor · · Score: 1

    No then it just takes twice as much money or twice as long.

  110. Re:Quit COMPLAINING about Comcast and buy them out by F34nor · · Score: 1

    No shit you fucking moron. Then you buy more stock until you own the means of distribution and have a customer owner utility.

  111. Re:Quit COMPLAINING about Comcast and buy them out by F34nor · · Score: 1

    I know for a fact you are wrong. We have a WISP provider in a rural area. We put in a permit application to run fiber from the wireless link to the neighborhood. As soon as we we threatening competition Comcast came in and put up wires after us asking for 30 years. The dicks also stopped at our property line and refused to run cable to our 4 rental houses. Yes it could have been a coincidence but I doubt it.

  112. Re:Quit COMPLAINING about Comcast and buy them out by F34nor · · Score: 1

    Natural monopolies exist for a reason. There is no reason to have six sets up copper on a pole delivering the same shit. Your argument that AT&T used regulation to prevent being sued has nothing to do with natural monopolies or regulation, it is simply and example of talented lawyers finding a solution to their problem within the greater scope of "rent seeking behavior." It was easier to limit their liability through regulation than being a better business.

    As to " government specialized in correcting problems it created " that is the only possible logical approach to anything. The assumption that the free market or the government can do anything perfectly the first time and that it shouldn't continuously improved is insane. It is a fallacy that government is anything different than any other human endeavor, a pile of shit that stinks and need to be cleaned from time to time. The only reason the free market and business are seen as better is because you are unaware of the vast majority of cluster fucks that occur in business, you only become aware of success by its nature and so you have an unrealistic view of the market.

  113. Re:Quit COMPLAINING about Comcast and buy them out by F34nor · · Score: 1

    They are useless bags of shit. My cousin works for an interactive TV system. They have had 3 deals fall through with Comcast because of incompetence of Comcast side. They wanted to make the deal, it would have made everyone money but Comcast was incapable of getting their shit together 3 time in a row.

  114. Re:Quit COMPLAINING about Comcast and buy them out by F34nor · · Score: 1

    And then their rates would go up they would get bundled and they would vote in a new board of directors in the next proxy vote.

  115. Re:Quit COMPLAINING about Comcast and buy them out by F34nor · · Score: 1

    http://www.nasdaq.com/symbol/c...

    Institutional is not insider.

  116. Intresting theroy by Anonymous Coward · · Score: 0

    This is my assumsion is , If u call a place & it tells you by automatic machine messaging that you are being recorded for quality assurance like alot of 1888, or 1800 or billing or customer service lines do then the assumsion is the buissness automatic machines telling you that your being recorded is the same as both parties knowing that your being recorded for quality assurances or the buisness if one person is needed to be informed the buisness is breaking a law so by this meaning & interp one should be able to record the convesation without even mentioning that you are recording them if your recorded phone call includes that intro buisness greeting with the automatic machines warning message that phone calls are recorded for quality assurance speach

    both parties are known by this method it would seem without having to tell one because their automatic buisness intro greeting of the conversation includes the knowlege so the employee taking the customers call should also know

  117. Intresting theroy by Anonymous Coward · · Score: 0

    i mean you have to assume the Buisness is gonna use the recordings for legal verbal contracts by wording you agree and accept or same with you agree to be charged or don't agree for dispute purposes so i can assume they will use it legally against you if you break the verbal contract with them so both parties are known to be recorded if a buisness uses those crafty sneaky automated voice intros that you are being recorded for quality assurance