Legal Question in Civil Litigation in Maryland
How to subpeona taped customer service conversations
I need a little advice on how to obtain evidence for a case against a major car manufacturer. This manufacturer admitted fault and reimbursement would be in order when I spoke to their customer service rep on a specific date. They have since backtracked on their initial position. However , when a call is placed to their Customer Assistance Center they advise that all calls are recorded and monitored for quality assurance purposes. Any idea of how I can get a copy of the taped phone conversation between myself and the original Customer Service Rep I spoke to who admitted that I would be reimbursed and who gave me all the specific information? Is asking the court to subpoena the tape-recorded conversation between myself and the Customer Service Rep on the specific date sufficient to enter it as evidense in the case? Or can I just prepare a short transcript of the recorded cconversation to the best of my recollection and enter that as evidense? Also since
they advice all conversations are recored I'm thinking
this constitutes implied consent to recording and thus
no expectation of privacy is given. Thus these tapes can be entered as evidence in my favor?
1 Answer from Attorneys
Re: How to subpeona taped customer service conversations
First of all, you will have to file a lawsuit against the manufacturer in order to subpoena the tape. Before you do that, you should probably avail yourself of the mediation services that all car manufacturers offer for their customers. You can plead your case to the area representative. If that doesn't work, there may be an arbitration process that you can use.
If legal action is your only recourse, once you file suit you can schedule a deposition of the manufacturer and issue a subpoena requiring them to produce the tape as evidence. If enough money is involved, you would be well advised to retain an attorney familiar with litigation to represent you--you know the manufacturer will be ably represented! Good luck.
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