Recording phone calls

Discussion in 'Experienced Truckers' Advice' started by w.h.o, Sep 30, 2015.

  1. w.h.o

    w.h.o Road Train Member

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    Any of you guys record the conversation of you and your dispatcher, just in case they decide to change the story later on?

    Just wondering, is it legal?

    For example a year ago or so, i had a multi stop load, I arrived at my first stop and they said it's either drop the whole trailer or leave because they don't do live unload. *cough walmart*
    I call the office and the lady said drop it, and I even told her twice it's a multi stop load, she still said ok drop it. Well later on I'm getting phone calls from customer service asking me who told me to drop it. If I had recorded the conversation it would had probably made my day easier.
     
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  3. Skate-Board

    Skate-Board Road Train Member

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    It's legal but you have to tell the person you are recording or it can't be used for anything except maybe tell your boss Martha told you to drop it.
     
  4. crzyjarmans

    crzyjarmans Road Train Member

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    Legality is different state to state, you would have to check with the state your company is based out of, or the state your dispatch is based out of, but skate-board pretty much correct
     
  5. supersnackbar

    supersnackbar Road Train Member

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    I e-mailed the state attorney for FL over the exact same issue. The answer was (for FL laws) "both parties have to give their verbal consent to the conversation being recorded". So, when I called my company's office, I had a script. "Before we continue, I must inform you that this conversation is being recorded, and your participation in this conversation from this point forward will be considered as your verbal consent to the recording". I've never been hung up on so many times in my life.
     
  6. Jerry12

    Jerry12 Heavy Load Member

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    Legal Ques...humph! What, I recommend is focusing on your own morale & being able to focus on a simple problems that are work related: Who, What, Where, When & Why.

    This question related to your morale will clear up by focusing on the problems in communication with your dispatcher's immediate Mgr. If, your Company can not bring into focus simple communication...then the hard choice that you face is not the ques of legality...its do I quit n find a new Carrier.
    (remind them that your use of a recording device is for your personal notes. However, if, you want to be legal: send a certified letter to your companies human resources department stating: going forward you will be recording all conversations related to work, if they have any ques. send a follow up letter within 5 days. screw the informal notification. (keep it nice, we're all trying to do the same job.)
     
  7. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    I could be wrong &/or the law could have changed but If I remember correctly, the law is or was in Louisiana that only one party had to know the conversation was being recorded. The point was to keep people from recording another (2nd) parties conversation with another (3rd) party. In other words, & for example, you couldnt secretly record your spouse's phone call to catch him/her cheating on you without the consent of at least one of them having knowledge.
    On the other hand, you could record your phone conversation with your spouse to see if he/she would confess etc, without his/her knowledge.
    As well, you couldnt record a 2nd party's phone to record any conversation with a 3rd party... without either knowledge.

    So, in your case, in the state of Louisiana, my understanding is you could record your own conversation with a 2nd party without their knowledge.

    As stated above, I could be wrong &/or the law could have changed. So, this is not meant to be taken as legal advice.
     
  8. pattyj

    pattyj Road Train Member

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    If you feel you should'nt have dropped the load or any other concerns,don't listen to your company,they're not at the customer.Even if you're company gets mad, so what the customer is paying you they're the boss over your company.I think recording the conversation would be more work and a big hassel then what its worth.No matter what your company says always ask the customer first.
     
  9. not4hire

    not4hire Road Train Member

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    Always request questionable instructions in writing; be it over whatever communications system the company uses, by way of text to your phone, or even an email. Always. In the past I have refused to turn the wheels until I got written confirmation of what was being asked. Sure, it ticks some people off, but that's too bad for them.

    As for recording, you could do it, but be wary of the wide variance of laws. In some jurisdictions it is single-party consent and in other's it is all-party consent. Add in the fact that you could be a jurisdiction with one set of rules and the recorded party in another jurisdiction with a different set of rules... gets complicated. Of course your intention is to only use it to confirm to your employer that the request was made, but it could escalate and possibly cause you grief. Although I doubt it would ever come to that.
     
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  10. AModelCat

    AModelCat Road Train Member

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    That's why I never delete emails on my company email account. Saved my ### yesterday as a matter of fact. Felt good to be able to one up the powers that be for once.
     
  11. Longarm

    Longarm Road Train Member

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    This is one of the benefits to QC communications. Who needs a recording when a record of what was said is right there in writing for all with access to see? This situation came up just last night. One of the guys who covers night dispatch is a former driver - so he says - and he's the biggest jack wagon I have to deal with. My drop n hook turned into a live load that was several hours late. Not only am I going to be late for delivery but my 14 will be up before I can even get there. His response? 'I didn't hear anything'. This is his way of saying, 'get it there at all cost'. I don't roll illegally and we're on Elogs anyway. Hung up with him and sent him a message on the QC. Now he's forced to acknowledge that I'm running late and get with our CS and yada yada yada. Otherwise, my DM comes in in the morning and I have to answer as to why I didn't let anyone know I was running late and you guys know how this goes.

    I'm curious as to which WM you were delivering to that doesn't live unload? I mean I'm guessing it's a specific account maybe. I've ran several multis through a WM. It's one of the three questions they ask at the receiving window everytime. Load locks? Extra stops? WM unloading?
     
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  12. rank

    rank Road Train Member

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    I am in the camp of those that say the party needs to know or you're breaking the law. My story:

    Got pulled over by DOT and state trooper in PA. As it happened, my dash cam was on and it was also recording voice. I plead not guilty to the charges he eventually laid. The video/audio file was too large for me to e-mail to my lawyer so I posted it on You tube and e-mailed my lawyer the link to the video. A few weeks later, Mr. Super Trooper called my cell phone and told me he had seen the you tube video and I had committed some crime by recording his voice without his knowledge. He used the term "wiretapping laws". He gave me 2 hrs to take the video down or he was going to charge me.

    Can you believe that? I have some good ones I tell ya.
     
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