We are a law firm in all of our calls are recorded. Would you call Wells Fargo mortgage services before you're even transferred to a customer service rep the first thing you hear is their disclosure that this call maybe monitored for quality and training purposes. When the customer service rep comes on the  phone and you make your disclosure they will either tell you that you cannot record their call and and if you can to to record the call they have to hang up or they will tell you that you do not have consent to record their call and then repeat that again at the end of the call.  

My question is why would they not want their calls recorded. I would really love to speak to someone within management of Wells Fargo to find out why. If anyone has come across this before I would love To hear your outcome. Am I going to continue to record my calls... YOU BETCHA! 

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Is the disclaimer unilateral?  It says this call may be recorded for quality assurance.  Doesn't that mean you may record it?  Not sure how it can be onesided. I take is as they just gave you permission to record the call.

If the other party (i.e. Wells Fargo) discloses that the call is being recorded do you even need to notify them that you are also recording the call?

Just fond this info online and our lead attorney confirmed.. So To bad Wells Fargo.  You are being recorded also.    

Federal and state laws on call recording in the United States

U.S. federal law allows the recording of phone calls with the consent of at least one party. This means that if you are initiating a recording on a call that you are participating in, the other party does not need to be notified that the call is being recorded.

Currently, 12 states require the consent of all parties involved in a particular conversation:California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

2 things: 1) thanks for the fed law quote - I knew for years that in NJ it is that way, I thought most states required consent of all/both parties; 2) unless you know which state you are calling (and if you've been transferred, to which state), it seems you still may be violating CA, FL, etc. laws.

For CA, FL, etc., it could be worth seeing what they call consent. Does each party have to positively confirm that recording is OK? Probably not or the banks couldn't just have a recording saying you are being recorded. That also implies, as Jim suggests, the bank made the announcement (and didn't bother to say that WF is recording, just that the conversation may be recorded), so consent should be considered given by the rep since he answered the phone and knows that the announcement is there.

Seems WF is just being a .....

They do that b/c they have NO fiduciary responsibility to you, me, the agents, any attorney, or any other party beyond the Seller....

Translation they CAN and do LIE to you, me, the agents, any attorney, etc.

Don't believe me - come to the short sale cruise and you will hear it DIRECTLY from the horse's mouth (Lee Honish who USED to work for Indy Mac's HELOC division).

Ask any of the higher level contact you have and they will confirm this as well, that they ONLY have to be "honest" with the Seller.

I could go on for pages and pages on this, but end of the day you just need to know how the system works, who the decision makers are, how to get to them, and what to say.

Know this and you will close 90%++ of your short sales.

You can reach me at [email protected] if you want to discuss further.

www.ShortSaleShop.net

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