Legal Question in Civil Litigation in Arkansas
Telephone Privacy and recording
I called into a company's receptionist and requested to speak to an individual. I assumed that I was placed on "hold" while that person was being notified of my call. Instead a conversation that I had with one of my colleagues in my office was being recorded without our knowledge. The private conversation concerned a competitor of the company that I was calling. Not only was the conversation shared with many of the companies management that I was calling but also was shared with their competitor. This action has been very damaging to my relationship with both companies and may cost my company hundreds of thousands of dollars. Do I have any recourse to the company that recorded my conversion between my colleague and I without either of our knowledge?
1 Answer from Attorneys
Phone recording
As I understand it (and I don't claim to be an expert, so don't take this as the gospel) it is a federal offense to record a telephone conversation unless all parties are aware they are being recorded. This is why telephone help lines and service centers so often tell you right away that they are recording the call.
You may have a cause of action against this other company for invasion of privacy and/or for unfair compatition, defamation, or other grounds.
If you believe you can prove these allegations, you should contact an attorney immediately.
And in the future, use the mute button on your phone.
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