Recording broker phone calls

Discussion in 'Ask An Owner Operator' started by Dino soar, Nov 3, 2018.

  1. Dino soar

    Dino soar Road Train Member

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    Nowadays there are apps on your phone that you can record calls.

    I was wondering if anyone record the calls that they have with brokers. I'm not sure what the laws are in each state as to whether you have to tell them you are recording them or how that is admissible in court unless you tell them you are recording them, but I'm curious if anyone does record them.

    I realize that most of the legal things are in the broker carrier agreement and on the rate con, but verbal agreement is also a contract and enforceable as far as I know.
     
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  3. SteveScott

    SteveScott Road Train Member

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    If it's a large enough brokerage with a good legal team, chances are that you'll be in more trouble for recording the call than they will be for whatever it is they did.
     
  4. thaistick

    thaistick Road Train Member

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    Just make the statement "This call is being recorded for quality and training purposes" before the call and you'll be good to go for the half dozen states or so that require 2 party notification.
     
    Last edited: Nov 3, 2018
  5. MysticHZ

    MysticHZ Road Train Member

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    If I feel I have to record a broker's calls, I'm not doing business with them.
     
  6. Dino soar

    Dino soar Road Train Member

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    This is true. I don't know about the rest of the states but here in Pennsylvania you have to declare that you are recording the conversation. If whoever is on the other end continues to speak they've agreed.

    I don't know how many people would just hang up, but if there is nothing to lie about why not continue?
     
  7. skellr

    skellr Road Train Member

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    I'm pretty sure it's ok as long as it's you recording a conversation you are having with someone else. Not every state, and I'm no lawyer!

    You can't record a conversation that you aren't a part of unless everyone knows about it. That's why you hear the disclaimer on some calls warning you about the call bieng recorded. It's not the person you are calling directly that is recording it, it is someone else.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Exactly ...
    If you can't trust them and they can't trust you, don't bother dealing with them.
     
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  9. HopeOverMope

    HopeOverMope Road Train Member

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    Hey, you know what they say about locks... they keep honest people honest!! If you have a business line and a dial by directory, you could easily slide an “all calls will be recorded” in and man, might keep a few people straighter than normal. Funny how people switch up when they’re on camera or being recorded and have to be responsible for their actions.
     
  10. wichris

    wichris Road Train Member

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    Verbal doesn't replace/modify a written contract.
     
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  11. jamespmack

    jamespmack Road Train Member

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    In Ohio one party needs to be notified. I have notified myself. I record all calls, you know they are recording you. And most time verbal agreement will change written contract. Check your state, or state your in laws however.
     
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