In Massachusetts, you need both parties to consent to record a phone call between them. If i call a business, and at the beginning their recording says "this call may be recorded for training or quality assurance", does that express their consent for me to record the call as well, without having to say something to the customer service representative? Or do i need to say something to the live person? their live person never informs me they are recording, and they have no proof i was listening when their recording played (cell service could have faded momentarily). If they know that they may/will record the call, does it not give consent to the other party involved to record as well?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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