Pushy Dispatcher threatens to fine me $600 is it legal?

Discussion in 'Experienced Truckers' Advice' started by jimbo33, May 29, 2024.

  1. MACK E-6

    MACK E-6 Moderator Staff Member

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    Don’t wiretapping laws come into play with that somehow?
     
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  3. gentleroger

    gentleroger Road Train Member

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    35 states are one party consent, so depending on where each person is - no, yes, and maybe.
     
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  4. drivingmissdaisy

    drivingmissdaisy Road Train Member

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  5. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Where it REALLY gets unclear is when one person in the conversation is in a one party state, the other is in a two. Which law is in effect when either is recording?
     
  6. Ridgeline

    Ridgeline Road Train Member

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    The party who is in the more restrictive state is the governing party.
     
  7. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    I hate to ask you for this, but do you have any proof of that? Because I would argue, living in LA as a one party state, I can't help where the other person lives. I don't lose my right to record that my state grants me because someone out of my state in a 2 party state calls me. At least I don't think do.

    I mean what if I don't even know where this other person is? What if they are using caller ID spoofing and spoofing that they are in a 1 party state, but are physically sitting in a 2 party state? You see where this can go?
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Why?

    Just ask.

    Proof, yes there is a bunch.

    We can start with the revised communications act of 1934, which the SC used to decide the argument of which state is governing the conversation, they said in the cases that it is the state which has the more restrictive law. As for the cases, I am unable to dig those up at this moment but it does have to do with Federal control of the phone systems when it comes to interstate conversations.

    There is a danger if you go on the internet thingy, a bunch of articles, even though they come from 'lawyers' are AI written and are not correct.
    That's true you can't help it but the premise of ignorance of the law comes into play.
    Your 'right' isn't a right at this point, this is what the purpose of the federal government is for, to determine what happens between states. The feds said that the more restricive law applies. This is true in this subject and it is true when it comes to the FMCSA regulations.

    In my case, my office in indiana where it is a one party consent, if records someone in a two party consent state like i did this morning with a driver who is in California, I have to disclose that the conversation could be recorded for business record purposes, if I do not I can not use any of that audio record of that conversation because I am calling a two party consent state. I can however use a transcript of the conversation.
     
  9. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    So if someone calls me and I want to record the conversation, and I don't know what state they are in, I don't have a right to record my own phone conversations?

    And not knowing where someone is is not ignorance of the law. It's ignorance of their location. I could very well know the law. In fact I do. But I don't know where people are who call me.
     
  10. MGE Dawn

    MGE Dawn Road Train Member

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    There's a reason lawyers generally advise to inform the other party that you are conversing on a recorded line. By not hanging up, they imply consent
     
  11. MGE Dawn

    MGE Dawn Road Train Member

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    What else would you call a monetary penalty for failure to uphold the terms of a contract? Not referring to anything related to employment law, obviously... we've already established multiple times in this thread that that's not lawful
     
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