Go Back   English Forum Switzerland > Help & tips > Other/general
Reply
 
Thread Tools Display Modes
  #1  
Old 09.02.2009, 13:33
Newbie
 
Join Date: Oct 2008
Location: Washington, DC
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
kcolibc has no particular reputation at present
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.
Reply With Quote
  #2  
Old 09.02.2009, 14:28
Uncle Max's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Züri
Posts: 7,486
Groaned at 161 Times in 110 Posts
Thanked 7,959 Times in 3,289 Posts
Uncle Max has a reputation beyond reputeUncle Max has a reputation beyond reputeUncle Max has a reputation beyond reputeUncle Max has a reputation beyond reputeUncle Max has a reputation beyond reputeUncle Max has a reputation beyond repute
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.
Reply With Quote
  #3  
Old 09.02.2009, 14:32
Sutter's Avatar
Forum Legend
 
Join Date: Oct 2007
Location: Thurgau
Posts: 5,796
Groaned at 67 Times in 48 Posts
Thanked 2,760 Times in 1,589 Posts
Sutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond repute
Re: Recording Phone Calls

How do you record a phone call please
Reply With Quote
  #4  
Old 09.02.2009, 14:33
Newbie
 
Join Date: Oct 2008
Location: Washington, DC
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
kcolibc has no particular reputation at present
Re: Recording Phone Calls

Quote:
View Post
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?
Reply With Quote
  #5  
Old 09.02.2009, 14:45
Scott's Avatar
Forum Veteran
 
Join Date: Mar 2006
Location: Buchs SG
Posts: 1,203
Groaned at 30 Times in 22 Posts
Thanked 694 Times in 355 Posts
Scott has an excellent reputationScott has an excellent reputationScott has an excellent reputationScott has an excellent reputation
Re: Recording Phone Calls

What about those jokers at Tele2 that recorded you saying "yes" or
"ja"... then applied that to their verbal contract.
Reply With Quote
  #6  
Old 09.02.2009, 14:48
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 3,441
Groaned at 18 Times in 16 Posts
Thanked 1,979 Times in 1,175 Posts
CH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond repute
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.
Reply With Quote
  #7  
Old 09.02.2009, 14:52
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 3,441
Groaned at 18 Times in 16 Posts
Thanked 1,979 Times in 1,175 Posts
CH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond repute
Re: Recording Phone Calls

Quote:
View Post
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.
Reply With Quote
  #8  
Old 09.02.2009, 14:55
dawiz's Avatar
Forum Legend
 
Join Date: Dec 2006
Location: Ostschweiz
Posts: 4,053
Groaned at 96 Times in 46 Posts
Thanked 2,024 Times in 1,171 Posts
dawiz has a reputation beyond reputedawiz has a reputation beyond reputedawiz has a reputation beyond reputedawiz has a reputation beyond reputedawiz has a reputation beyond repute
Re: Recording Phone Calls

Quote:
View Post
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
Reply With Quote
  #9  
Old 09.02.2009, 14:59
Scott's Avatar
Forum Veteran
 
Join Date: Mar 2006
Location: Buchs SG
Posts: 1,203
Groaned at 30 Times in 22 Posts
Thanked 694 Times in 355 Posts
Scott has an excellent reputationScott has an excellent reputationScott has an excellent reputationScott has an excellent reputation
Re: Recording Phone Calls

Quote:
View Post
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.
Reply With Quote
  #10  
Old 09.02.2009, 15:01
Sutter's Avatar
Forum Legend
 
Join Date: Oct 2007
Location: Thurgau
Posts: 5,796
Groaned at 67 Times in 48 Posts
Thanked 2,760 Times in 1,589 Posts
Sutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond repute
Re: Recording Phone Calls

Quote:
View Post
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
Reply With Quote
  #11  
Old 09.02.2009, 15:01
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 3,441
Groaned at 18 Times in 16 Posts
Thanked 1,979 Times in 1,175 Posts
CH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond repute
Re: Recording Phone Calls

Quote:
View Post
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?
Reply With Quote
  #12  
Old 09.02.2009, 15:05
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 3,441
Groaned at 18 Times in 16 Posts
Thanked 1,979 Times in 1,175 Posts
CH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond repute
Re: Recording Phone Calls

Quote:
View Post
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
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!

If you don't want telephone marketing calls, then simply remove yourself from Directories. They send you a letter with this option every year.
Reply With Quote
  #13  
Old 09.02.2009, 15:09
Sutter's Avatar
Forum Legend
 
Join Date: Oct 2007
Location: Thurgau
Posts: 5,796
Groaned at 67 Times in 48 Posts
Thanked 2,760 Times in 1,589 Posts
Sutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond repute
Re: Recording Phone Calls

Quote:
View Post
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!
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
Reply With Quote
  #14  
Old 09.02.2009, 15:10
Scott's Avatar
Forum Veteran
 
Join Date: Mar 2006
Location: Buchs SG
Posts: 1,203
Groaned at 30 Times in 22 Posts
Thanked 694 Times in 355 Posts
Scott has an excellent reputationScott has an excellent reputationScott has an excellent reputationScott has an excellent reputation
Re: Recording Phone Calls

Quote:
View Post
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.
Reply With Quote
  #15  
Old 09.02.2009, 15:12
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 3,441
Groaned at 18 Times in 16 Posts
Thanked 1,979 Times in 1,175 Posts
CH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond repute
Re: Recording Phone Calls

Quote:
View Post
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.
Reply With Quote
  #16  
Old 09.02.2009, 15:16
Newbie
 
Join Date: Oct 2008
Location: Washington, DC
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
kcolibc has no particular reputation at present
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.
Reply With Quote
  #17  
Old 09.02.2009, 15:38
Lynn's Avatar
Forum Veteran
 
Join Date: May 2005
Location: Zurich Region
Posts: 1,130
Groaned at 11 Times in 8 Posts
Thanked 1,296 Times in 465 Posts
Lynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond repute
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)
Reply With Quote
  #18  
Old 09.02.2009, 15:40
Scott's Avatar
Forum Veteran
 
Join Date: Mar 2006
Location: Buchs SG
Posts: 1,203
Groaned at 30 Times in 22 Posts
Thanked 694 Times in 355 Posts
Scott has an excellent reputationScott has an excellent reputationScott has an excellent reputationScott has an excellent reputation
Re: Recording Phone Calls

Quote:
View Post
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.
Reply With Quote
  #19  
Old 09.02.2009, 15:48
Newbie
 
Join Date: Oct 2008
Location: Washington, DC
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
kcolibc has no particular reputation at present
Re: Recording Phone Calls

Quote:
View Post
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.
Reply With Quote
  #20  
Old 09.02.2009, 16:29
Lynn's Avatar
Forum Veteran
 
Join Date: May 2005
Location: Zurich Region
Posts: 1,130
Groaned at 11 Times in 8 Posts
Thanked 1,296 Times in 465 Posts
Lynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond repute
Re: Recording Phone Calls

My bill is in the post
Reply With Quote
Reply

Tags
recording phone calls




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Cheap phone calls virtuallyswiss TV/internet/telephone 22 02.08.2010 23:13
Recording with my sky + box agatland TV/internet/telephone 8 20.02.2009 18:53
Linked recording jako TV/internet/telephone 2 21.12.2008 21:20
Unsolicited marketing phone calls Lob General off-topic 18 19.04.2007 15:04
Free land line phone to land line phone calls! bails TV/internet/telephone 3 24.02.2007 10:58


All times are GMT +2. The time now is 20:39.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0