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-   -   Recording Phone Calls (https://www.englishforum.ch/other-general/42904-recording-phone-calls.html)

kcolibc 09.02.2009 12:33

Recording Phone Calls
 
Can anyone tell me what the law is in Switzerland regarding recording phone calls? I know that in some US States it's legal if at least one party consents, but in California and others both parties have to consent. What's the deal here? Thanks for any info.

Uncle Max 09.02.2009 13:28

Re: Recording Phone Calls
 
I'd assume if you were recording a call you have to notify the other person. Even if it was your worst enemy, extend the courtesy. You may get more information off the record, so to say.

Sutter 09.02.2009 13:32

Re: Recording Phone Calls
 
How do you record a phone call please:confused:

kcolibc 09.02.2009 13:33

Re: Recording Phone Calls
 
Quote:

Originally Posted by Uncle Max (Post 393471)
I'd assume if you were recording a call you have to notify the other person. Even if it was your worst enemy, extend the courtesy. You may get more information off the record, so to say.

I agree, if I'm recording, but I face a legal situation where the other party recorded me without my knowledge. My question is, what are my rights? Was the other person breaking Swiss law?

Scott 09.02.2009 13:45

Re: Recording Phone Calls
 
What about those jokers at Tele2 that recorded you saying "yes" or
"ja"... then applied that to their verbal contract.

CH_Me 09.02.2009 13:48

Re: Recording Phone Calls
 
I don't believe that you need to inform the other party. I think only one person in the conversation is required to know that it is being recorded - just like under English law.

CH_Me 09.02.2009 13:52

Re: Recording Phone Calls
 
Quote:

Originally Posted by Scott (Post 393496)
What about those jokers at Tele2 that recorded you saying "yes" or
"ja"... then applied that to their verbal contract.

A recorded contract is valid and is usually verified by a third party to make sure. To cover their ars*s they should have had you say "I agree" and not just "yes" Other operators record the entire converstion and make the entire contract void if the potential customer is lied to.

dawiz 09.02.2009 13:55

Re: Recording Phone Calls
 
Quote:

Originally Posted by kcolibc (Post 393483)
I agree, if I'm recording, but I face a legal situation where the other party recorded me without my knowledge. My question is, what are my rights? Was the other person breaking Swiss law?

Yes. It's illegal to record someone without his or her knowledge.

peter

Scott 09.02.2009 13:59

Re: Recording Phone Calls
 
Quote:

Originally Posted by MarieZug (Post 393503)
A recorded contract is valid and is usually verified by a third party to make sure. To cover their ars*s they should have had you say "I agree" and not just "yes" Other operators record the entire converstion and make the entire contract void if the potential customer is lied to.

Posted from experience. That is why I mentioned exactly which
company did this.

Sutter 09.02.2009 14:01

Re: Recording Phone Calls
 
Quote:

Originally Posted by Scott (Post 393496)
What about those jokers at Tele2 that recorded you saying "yes" or
"ja"... then applied that to their verbal contract.

WTF that is well ................... do what i do if someone rings and i don`t know them i say can you speak English, and 9 out of 10 times they say no and put the phone down problem solved:D

CH_Me 09.02.2009 14:01

Re: Recording Phone Calls
 
Quote:

Originally Posted by Scott (Post 393512)
Posted from experience. That is why I mentioned exactly which
company did this.

Did they try to trick you into saying "yes" to something that you didn't want?

CH_Me 09.02.2009 14:05

Re: Recording Phone Calls
 
Quote:

Originally Posted by Sutter (Post 393514)
WTF that is well ................... do what i do if someone rings and i don`t know them i say can you speak English, and 9 out of 10 times they say no and put the phone down problem solved:D

I had a very persistent gentleman one day who started in Spanish (from my surname), then French (next possible guess from my firstname), then switched to German (Zug) and when I replied in English - he spoke that perfectly too! :p

If you don't want telephone marketing calls, then simply remove yourself from Directories. They send you a letter with this option every year.

Sutter 09.02.2009 14:09

Re: Recording Phone Calls
 
Quote:

Originally Posted by MarieZug (Post 393516)
I had a very persistent gentleman one day who started in Spanish (from my surname), then French (next possible guess from my firstname), then switched to German (Zug) and when I replied in English - he spoke that perfectly too! :p

Bloody hell he was multi talented:( ok just say "can you ring back i just have to sort my kids out" and start pretending to shout at your kids to behave and stop beating each other up, and hang the phone up, then the next time the phone rings ignore it:p

Scott 09.02.2009 14:10

Re: Recording Phone Calls
 
Quote:

Originally Posted by MarieZug (Post 393515)
Did they try to trick you into saying "yes" to something that you didn't want?

Exactly, they ask "Is this Mr. X?" When you answer yes... that is all they
need.

CH_Me 09.02.2009 14:12

Re: Recording Phone Calls
 
Quote:

Originally Posted by Scott (Post 393519)
Exactly, they ask "Is this Mr. X?" When you answer yes... that is all they
need.

For the contract to be valid they need you to say your full name, address, date of birth and then say "yes". Perhaps your one slipped through, but you can certainly challenge it.

kcolibc 09.02.2009 14:16

Re: Recording Phone Calls
 
Thanks everyone. This is someone with whom I am in a legal dispute, and they admitted that they recorded me without my knowledge. They are trying to twist what I said into an admission that they are right. I am wondering if what they did was illegal. Since there are some conflicting views here, I would appreciate if someone can cite anything specific in the law about phone calls, or tell me where I can find it without incurring more lawyer bills! Thanks.

Lynn 09.02.2009 14:38

Re: Recording Phone Calls
 
Recording a conversation without all parties knowing is illegal in CH and you could, should you wish, ask the State Prosecuters to take legal action against this. The act of recording you without your knowledge is punishble with up to 1 year in prison or a financial "fine". (StGB Art 179 ter 106)

Scott 09.02.2009 14:40

Re: Recording Phone Calls
 
Quote:

Originally Posted by MarieZug (Post 393521)
For the contract to be valid they need you to say your full name, address, date of birth and then say "yes". Perhaps your one slipped through, but you can certainly challenge it.

Given. Then asked his name, then eventually for name, address and the
rest. It was an older man that this happened to.

I approached Tele2 after the first invoice arrived, and they backed
down. Not that I won, just they gave in.

kcolibc 09.02.2009 14:48

Re: Recording Phone Calls
 
Quote:

Originally Posted by Lynn (Post 393533)
Recording a conversation without all parties knowing is illegal in CH and you could, should you wish, ask the State Prosecuters to take legal action against this. The act of recording you without your knowledge is punishble with up to 1 year in prison or a financial "fine". (StGB Art 179 ter 106)

Thanks very much. This is very helpful.

Lynn 09.02.2009 15:29

Re: Recording Phone Calls
 
My bill is in the post ;)


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