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originally posted by: Vroomfondel
I have an xfinity account for tv, phone, and internet. I was scouring the website trying to figure out why, after nearly two hours on the phone with customer service renegotiating my service my bill which was supposed to go down about 50 bucks a month went up instead. That was troubling enough. But, what really shocked me was something I found quite by accident.
xfinity has transcripts of every call to and from my home phone. I was able to read, word for word, every single conversation. Granted, the software they used got some of the words, mostly unique names, wrong. But that isn't the point.
I live in Illinois. When it comes to recording phone calls this is an all-consent state. That means that if a call is going to be recorded all persons involved in the call must agree to being recorded. Once that consent is given anyone involved in the call can record it if they wish. In the absence of a verbal warning that the call is being recorded you can play an audible tone every fifteen seconds which also indicates that the call is being recorded. In this case, or in cases where an automated voice tells you the call may be recorded, you do not need to verbally agree in order to consent. By simply staying on the line after you are told the call is being recorded you are giving consent. This is called tacit consent. The one thing these various conditions all have in common is that consent is given one way or another and parties involved know they are being recorded.
I know for a fact I did not give consent to anyone to record, which includes written transcripts, any calls between me and my family members, my attorney, my doctor, anyone. There are no audible tones, no automated warning, nothing. Yet every single call to or from my home phone has a detailed, word for word transcript online that I was able to view with my own eyes.
I am investigating this now but forgive me for not having more information at this time.
Has anyone else seen this?
Any legal types care to weigh in the legality of this practice?