Can I legally publish (online) a recorded conversation with Verizon Wireless?

Question

I recorded (from Wisconsin) a hostile conversation with a Verizon Wireless (company based out of New York) employee located at an Illinois call center. At the beginning of the call, I gave notice that we were speaking on a recorded line.

The Verizon Wireless employee made it very clear that I did not have permission to publish the conversation, but I want to publish it anyway so the public knows how crappy they are. I don't believe I need their permission to publish anything. They continued to speak knowing the line was recorded. Can I go ahead and publish it?

Answer 1

Good question. I remember the AOL conversation was recorded and heard through mainstream media. The laws differ in different states.Customer service is so awful many times. Contact your local TV station and see if they'll research it for you. Maybe they'll help publicize your website too!

Wis. Stat. § 968.31: A person who is a party to a wire, electronic or oral communication, or who has obtained prior consent from one party, can legally record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Wis. Stat. § 968.27.

Effective Feb. 1, 2003, the punishment for recording or disclosing the contents of a conversation without the appropriate consent is imprisonment for up to six years and/or a criminal fine of up to $10,000. Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs and attorney fees.

Still confusing. I think it means you don't need Verizon consent. But the 2003 law makes it scary.

Answer 2

I believe that you can publish almost anything if you cover your butt. If possible I would delete any personal information about yourself (like account number, cell phone number, even your name). I'm a corporate trainer for call centers and recorded conversations can not be used in court as evidence. So nail the bastards.

Answer 3

You gave notice, so the other person had the option to discontinue the call. Having agreed to speak with you, they could not withdraw their consent to the prior conversation. The recording is yours and you can publish it.

And don't forget to tell us all the link so we can listen!

Answer 4

Before thinking about legality, be aware that they have plenty of lawyers who will ruin you, financially, if they choose. You'll run out of money before they lose.

I'd like to suggest that you share your recording with a consumer-protection web site. Examples are consumerist.com and planetfeedback.com. They'll be more than happy, I'm sure, to take your recording.

Answer 5

Go viral. Unless they recorded it too, or you mention your name/account specifically on it, they'll be chasing those who host it, not you. This is assuming it's not illegal. I would never publicly condone someone committing an illegal act.

Answer 6

You can, but they can sue you to get it removed and if you lose you could be libel for any losses plus their attorneys fees.

Answer 7

This is america.

Answer 8

just do it

Answer 9

no