Recording phone calls

I don't know of any digital message machines that allow you to "download" the recordings. RadioShack sells a device that plugs into the phone line and a mini cassette recorder. Used on voice activated mode, the cassette recorder will act as a second recording (on tape) of messages left on the machine. LEGAL DISCLAIMER: It is illegal in some jurisdictions to record a live phone conversation without the knowledge and permission of both parties!

It might be really illegal to be recording massages!

Not so. By leaving message recording, the calling party consents to the recording--because it was he/she who made the recording. Re-recording does not change the fact after the fact. See?

It is legal in some states to record a phone conversation as long as one party knows it is being recorded. Clearly if only one party knows it is the party doing the recording. How they thought that was a good idea I don't know but it is true and is the only reason we had the program called "Crank Yankers" which was about as adolescent as it gets but none the less legal. Even in those states you can't legally record a conversation of two or more totally unaware parties.

What states?

http://versadial.com/telephone_recording_laws.html

This article lists "two party consent" states, all others are "one party consent".

what is the law in ca. on recording telephone conversations, is ca a two party state?

You have to let the other person know they are being recorded before an interview or conducting business.

You don't have to ask their permission but they at least have the opportunity to not say anything that could be costly later on.

If the person does not know that they were being recorded then any information on the recording is inadmissible and it would be verified that the person was being recorded by asking them that they are aware that they are being recorded.

Most answering machines have a speaker when the person is leaving a message. I would assume that if they are leaving a message, they are automatically giving you permission to record it. You can purchase a voice activated micro-cassete recorder that will activate automatically when a message is left.

If you are trying to record only one specific message that was already left, then you can play it back on a speaker phone and record it with your computer recorder using a microphone plugged into the microphone jack. This will create a .wav file with the message which you can then save and play back at any time.

Not necessarily. I had a situation where a message was left on my answering machine by someone I was in litigation with, and it was not admisable evidence in court, because the party leaving the message had not consented to it being recorded!!!!!

How can they say that?

When the answering machine picks up it normally states Please leave a message after the tone, or the owner of the machine stating "I can't come to the phone right now, please leave a message."

When that person leaves their message they are giving implied consent to being recorded. If they leave too much information, that is their problem.

When I answer the phone and just start recording the conversation, now that is a different issue.

Now I've received a lot of phone calls from telemarketers in India that don't seem to know what an answering machine is.

You are referring to something entirely different...admissibility (i.e., legality) in court is altogether different from the lawfulness (under statute/ordinance) of creating a telephone speech or TAD recording.

Since you were litigating "with another person" we can know that that you were trying to settle a civil/contract cause of action. Legally speaking, all recorded "images" (recorded photographic and voice images) are deemed to be documents. The issue in your case would have been whether or not the recording of the caller's message was intended by him to constitute a contract or alteration thereto of a previously existing contract--if, indeed, a contract ever existed--such contract and the interpretation thereof which the court was asked to decide. More likely than not--and based upon objection, either by opponent's counsel or (in the case of small claims) by the court acting as arbiter and in stead of counsel--the bench decision was rendered that the recording should not be taken as pertaining to an agreement or disagreement because the caller (the recording party) only was present--and because the recorded monologue would otherwise be prejudicial as to deciding the actual facts surrounding, and both parties' mutual intent in connection with, the issues in dispute.

To draw the generalization that this ruling of admissibility extends to statute law is just that: a generalization...an invalid generalization.

Hope this clarifies adequately.

BTW, to initial post-er. Yes I realize this and many others are off topic. But it seems your topic has been usurped for another. Sorry 'bout that.

I guess that's why any agreement made over the phone is supposed to be followed up by a letter and the recipient of the letter has 10 days to cancel.

Magazine solicitors do this all the time.

They will call you and state they are just calling to reverify your billing information to ensure their records are correct. You, who maybe receiving the magazines from this outfit, think that sounds reasonable and cooperate.

Next thing you know you're receiving a letter from them. That letter is establishing a contract but you ignore the letter as not meaning anything only to find out that your non-responsiveness has given implied consent to renewing your contract with the magazine outfit.

You have to watch those telemarketers, they are slippery.

For my own personal use I play the message that was left on my machine and record it on my cell phone. I then send it as a message to my e-mail and download it to my computer. It may or may not be admissable evidence but thats not why I do this. It may be an important message I do not wish to lose or a special message from someone I haven't heard from in a long time and wish to save.

The legalities may or may not be an issue. Thats for the courts and lawyers to decide

At risk of digressing, I'll try to stay on topic...clearly your message, as stated, has nothing to do with legalities....

You did not say if yours is a wired or cordless phone/TAD, only that its digital. I frequently save (re-record) messages left on my cordless with answering machine base and remote message retrieval. On the side of the remote handset is a 1/8" receptacle for head phone and mike. I use this receptacle to patch to my recorder; then use the remote to command playback. As messages are played back, I simply use the record and pause buttons on the recorder to make a record. I leave a pause between messages so I can go back later and record date and time info as needed.