Recording telephone calls - advice pls

[KJD]

Hi,

 

Have just come off the telephone after being threatened by a customer. If they were to telephone again, I'd like to be able record the call.

 

Any advice on 1) the legislation / guidelines on this, eg do I have to tell them, when do I tell them, etc and 2) any advice on how to actually do it?

 

Many thanks in advance,

 

KJD (still shaking!)

[doom]

Threatened in what way?

 

Physical violence? or threatened they would sue for some reason?

[KJD]

Physical

[doom]

did you call police?

Is there any reason for them to call back?

Are they waiting on something from you?

[KJD]

I'm trying to be vague here if that's ok...

 

We provided a service for a customer which they now say they are not happy with. We have set procedures to deal with this which were followed and they are not happy with the outcome. An official body has been advising us. The customer called today to 'express' their dissatisfaction with this outcome. After threatening all manner of legal follow up (which they are welcome to do), I stated that I felt the conversation ought to be stopped. At this point they started with the "I know where your office is", "I might make a visit", etc etc. No specific details were said, but it was none the less intimidating.

 

Personally I think it was just the frustration talking and that the threats are idle and in truth I don't think any more will come of it, but it really shook me up. If it does go further (ie legal channels) we will be able to deal with it appropriately. But I don't like the idea of a call like that again. And I think I should be keeping records, albeit in writing on this occasion, in case needed for any further action.

 

I've had a read on here (sorry - should have done that before) and can see the ins and outs of recording any further calls. So now it's just the logistics. We've got BT for calls and broadband if that helps. And out of hours there is an answering machine.

 

(Also, a good friend of mine is in CID so I'll speak to him about it before deciding to do anything official about it.)

 

Thanks

[Mrs.Wifey]

Hi,

 

Have just come off the telephone after being threatened by a customer. If they were to telephone again, I'd like to be able record the call.

 

Any advice on 1) the legislation / guidelines on this, eg do I have to tell them, when do I tell them, etc and 2) any advice on how to actually do it?

 

Many thanks in advance,

 

KJD (still shaking!)

 

Ok, first of all was this a business call or did the customer call and threaten you in your own home? The laws are slightly different in regards to businesses and personal calls.

 

Ofcom says that you can record conversations in your home WITHOUT consent, but only if it's for your own personal use. You cannot pass it on to a 3rd party. If you are intending to pass the recording to a 3rd party you need their consent first. I don't know if that means IMPLIED consent, i.e. 'I'm recording this conversation' and the caller continues talking (which to me is consent) or if the caller has to say something along the lines of 'I agree to being recorded'.

 

Businesses can record conversations without consent, but only in certain circumstances. Only the main ones are listed on Ofcom and they are:

 

to provide evidence of a business transaction

to ensure that a business complies with regulatory procedures

to see that quality standards or targets are being met in the interests of national security

to prevent or detect crime

to investigate the unauthorised use of a telecom system

to secure the effective operation of the telecom system.

Other reasons, such as market research, you have to obtain permission.

 

 

As for recording calls, apparently you can do it on a mobile. I personally haven't figured out how to do this!! but maybe someone else on here can help. There's also software that enables you to record conversations via Skype...I think can be obtained here at the top of the main page. But there are also recording devices that you can purchase that attaches to your phone line. I've seen them on ebay for about £25+. It has a cassette in it and it starts recording as soon as it detects a voice on the line, and stops recording when the conversation is finished.

On a side note, I'd still make a statement with the police. You WERE threatened, after all. They might not be able to do amuch as there's no 'proof' (how many people record their telephone conversations! ) but there is such a thing as harrassment! Make a note of when it happened, what was said, etc and make a report. At least they'll have it on record.

[Mrs.Wifey]

lol looks like I was a bit late........

[KJD]

Not all, MrsW - excellent advice. The reason for possibly wanting to record any further calls is in case it does go down the legal route. Although thinking about it, it would not have any bearing on the details, just show what they are like. I have since found out that the 'official body' we used has had a similar call today, but they cut the call short before any threats.

 

As for recording on a mobile, yes you can... somehow! If I leave the office I divert the business calls to a mobile, so would need to figure out how. Can you imagine it?... "Hang on, before you carry on I need to figure out how to switch the recorder on! Could you bite your tongue while I do that? Yep, there we go, you can carry on now"

 

 

Many thanks for your help

[Mrs.Wifey]

You're welcome

 

Not very often I can offer meaningful advice....normally I just pi** and moan

 

Good luck with your disgruntled customer...most of the time they're just blowing off steam

[Conniff]

Ofcom says that you can record conversations in your home WITHOUT consent,

 

Change the word consent to notification. You don't need consent you need to inform.

 

Companies must also notify you they are recording.

 

The passing it on if not notified would require the consent of the party recorded.

 

Non notified calls cannot be submitted for use in court, but the judge can be made aware that the calls were recorded and he can ask to hear those calls.

Edited July 29, 2008 by Conniff

[KJD]

The passing it on if not notified would require the consent of the party recorded.

 

Thanks Conniff.

 

Does the passing on refer to just recordings? What about transcripts - either my own notes or a transcript of an actual recorded call?

 

Or is it like Judge Judy says, just hearsay?

Edited July 29, 2008 by KJD
Note to self - read b4 posting

[Mrs.Wifey]

Change the word consent to notification. You don't need consent you need to inform.

 

Companies must also notify you they are recording.

 

The passing it on if not notified would require the consent of the party recorded.

 

Non notified calls cannot be submitted for use in court, but the judge can be made aware that the calls were recorded and he can ask to hear those calls.

 

Sorry if I got that wrong, mate. Ofcom specifically said consent

[barracad]

You can submit a transcript as evidence but can only use the actual recording if the other party was notified that the recording was taking place.

 

However, as advised earlier the judge has some discretion and may allow a recording to be presented as evidence even if there was no notification.

[buzby]

You can submit a transcript as evidence but can only use the actual recording if the other party was notified that the recording was taking place..

 

Not quite. Back in 1984 I placed an advert (Public Notice) in the London Gazette, stating that form a set date, all calls to telephone numbers I owned or rented may be the subject of an audio recording. Anyone NOT wishing their calls recorded should therefore correspond. By calling my numbers, those callers therefore consented to such recording(s) being made.

 

I submitted a copy of the advertisement to the regulator at the time (OFTEL) and was advised the publication met their criteria and recordings could be legally made. Interestingly, there was no requirement to repeat the advert at regular intervals, and some 24 years later remains valid.

 

There is an interesting aside to this, when you receive or make calls to call centres, many firms rely on a pre-connection message advising that calls are or may be recorded. This opened an interesting situation with Sky, because if I had chosen to follow their method of a recording advisory (pre connect message) I could just as easily be playing THEM by 'calls will be recorded' message, meaning the agent who complained that they could record me, but not me them was just nonsense!

 

Bearing in mind how consumers NEED corroboration to support incorrect or misleading 'notes' when dealing with firms verbally, evidential issues aside, it would be inadvisable NOT to!