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Could Someone Tell Me If This Is Still Legal?

by staceykephart
11 replies
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Could someone please tell me if it is still legal to make cold calls, while having other people listening in "muted," without telling the person that answers the phone that there are other people on the call?

I know when I used to do cold calling a few years ago, I would often have other team members listening in, while being muted, but I thought that since then there have been changes in the law. I actually thought that it was illegal now.

When I did cold calling myself, it was very difficult for me, and I never intend to do it again. I never got used to being hung up on, or yelled at, but kudos to those of you who can do it.
#cold calling
  • Profile picture of the author Justin Says
    What did you use cold calling for? Sorry the only way I thought this was okay is if you announced something like, "This call will be monitored for training purposes" or something along those lines.
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  • Profile picture of the author LMC
    I'm pretty sure, like 98% positive it's illegal. That you have to state, "For quality control purposes this phone conversation has been recorded"
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  • Profile picture of the author HeySal
    With all the surveillance that has been decriminalized in the last few years it's hard to say. State laws might also differ on the issue. Your best bet for a solid answer is to call your local DA's office. They will know.
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  • Profile picture of the author garyv
    This may be of some help:

    Workplace Privacy and Employee Monitoring | Privacy Rights Clearinghouse
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  • Profile picture of the author seasoned
    COLD CALLING is somettimes illegal, ANYWHERE in the US!! AND, over the span of your life, I don't think doing what you describe has EVER really been legal everywhere. There ARE state laws though, and they may declare it illegal EVEN if the federal government makes no ruling.

    What garyv points to is different, since, at an employer's business, you have less of an "expectation of privacy".

    Steve
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  • Profile picture of the author trevor75
    I believe its illegal, especially if your being recorded, and somebody else is in on the call. Heck ya thats not right! Because your answers might be different if you knew someone else was monitoring you. You not given a choice. Plus your right, cold calling stinks, its a terrible way to earn a living. I have now idea how people can stand it.
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    • Profile picture of the author Tina Golden
      I believe that it is illegal to record a phone call without letting them know but I'm not sure that it is illegal for someone to listen without recording. Your best bet would be to talk to someone more knowledgeable or perhaps search on the FCC website? I think the FCC would be the right organization anyway.

      Don't go with anything you hear on an open forum - very few members are actual lawyers.

      Tina
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      • Profile picture of the author seasoned
        Originally Posted by TMG Enterprises View Post

        I believe that it is illegal to record a phone call without letting them know but I'm not sure that it is illegal for someone to listen without recording. Your best bet would be to talk to someone more knowledgeable or perhaps search on the FCC website? I think the FCC would be the right organization anyway.

        Don't go with anything you hear on an open forum - very few members are actual lawyers.

        Tina

        You are HALF right! The FCC ****AND**** the FTC, and possibly a state agency! The FCC covers communication, and probably covers if you can record/have another eavesdrop on the call. The FTC covers if you can even call to BEGIN WITH. To the best of my knowledge, NO state has an FCC equivalent, but they DO have an FTC equivalent. Their rules are even stricter than the FTC. The FTC only mandates MINIMUM requirements. They limit what you can do. The states can only limit it MORE.

        BTW some industries have OTHER agencies. If you are selling INSURANCE, for example, there may be an insurance commissioner which limits what you can do EVEN MORE!

        After all, the OP DID presume that cold calling was legal. If you are a for profit business, and the phone number you call is on the FTC no call list, it is ILLEGAL to cold call it. That is just one minor real life example. ALSO, if you are not a bank, and not licensed for real estate in CA, it is ILLEGAL to give a quote interest rates. If you are not series 7 licensed, and the person you are calling is NOT a banker(or similar), it is ILELGAL to directly deal with selling stock.

        Steve
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  • Profile picture of the author Michael Motley
    you have to tell the person someone is listening/recording.
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  • Profile picture of the author Neromancer
    Originally Posted by staceykephart View Post

    Could someone please tell me if it is still legal to make cold calls, while having other people listening in "muted," without telling the person that answers the phone that there are other people on the call?

    I know when I used to do cold calling a few years ago, I would often have other team members listening in, while being muted, but I thought that since then there have been changes in the law. I actually thought that it was illegal now.

    When I did cold calling myself, it was very difficult for me, and I never intend to do it again. I never got used to being hung up on, or yelled at, but kudos to those of you who can do it.
    Depends on the state I think - I worked a long time ago in a telemarketing inbound service (Comcast) this is how they trained people - that was years ago? Not sure
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    • Profile picture of the author Kay King
      If you are going to make cold calls you may need to eliminate any numbers on the federal "do not call" list.

      People who don't want to receive solicitation calls (cold calls) are on the list and calling them is a no-no.
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