Date: September 19, 2012
Posted In: DLP Law

          Emma was fed up with her credit card company as the same overcharges seemed to be appearing every month on her bill. Emma had called twice and thought that the situation had been resolved after her conversations with the representative from the company. Emma was assured that the erroneous charges would not show up on her next bill, but they still did with interest compounded on the same.

             Every time that Emma called, she received an initial notice that the call may be recorded “for training or quality control purposes.” Emma decided that she was going to record the conversation and thus have proof of the representative from the credit card company acknowledging the mistake. Emma called on a third occasion and recorded the conversation.

             When the next credit card bill came, the same error appeared. Emma refused to pay the bill and was sued by the credit card company.

 ISSUE:          Can Emma use as evidence the recording she had made of the conversation with the credit card representative?

 ANSWER:     No. Even though the credit card company stated that they may be recording the conversation, it takes both parties to a conversation to consent to having a recording made of a telephone conversation. The conversation that Emma recorded would be considered inadmissible into evidence under both State and Federal law.

 Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 



Cal Leventhal
Cal is a graduate of the University of Miami (magna Cum Laude) and attended Loyola and Notre Dame law schools graduating in 1976. He is admitted to the Bars of the Supreme Court of Pennsylvania and both state and federal trial and appellate courts situated in Pennsylvania.