VIC Commercial Law - Legal to Record Phone Calls Without Advertiser's Knowledge?

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ccc1756

Member
17 February 2017
1
0
1
Hi there,

I have a small business and have recently been advertising on a wedding advertisement board. Without their advertiser's knowledge, they changed all the advertiser's phone numbers on the advertisements to new numbers, which then diverted to the advertiser's phone number. The computer software recorded these phone conversations and then sent the recorded message to the advertiser, with details of who called, call duration and the actual recording.

The notification of this new system was sent on the day this new system was implemented, no consultation, no opt in, they just did it.

My question is, is it legal under Commercial Law for this company to have recorded these conversations, without getting prior permission from the advertisers? Can this company just change a phone number on my advertisement without my consent?

Is it possible my employee, who had her phone conversation recorded without her knowledge, take any course of action? (The customer that called her, did hear a message stating her conversation could be recorded for training purposes).
 

Call911

Member
19 March 2017
3
0
1
Look at the reasons why they have changed the number, check your contract to see any clause giving them privilege or consent.

Two possible reasons they are recording your calls:

1. Analytical (how well are advertisers responding?)
2. Providing a value add type service to you?

Something you could perhaps argue is, your company and your merchant processor are required to be PCI compliant and from time to time your customers provide credit card details over the phone. If this company is storing the conversations, then you have the right to know how they are stored, for how long the removal policy (if they have one in place).

Depending on your state, some states do allow call recordings, however publicising the conversation is prohibited in all jurisdictions.