I called and told them that I was a secondary producer and I wanted some clarification about what would be required of me should they decide to come and do an inspection.
After being transferred several times I finally got to talk to a member of the inspection team and he was actually very helpful and courteous.
Here’s the killer part, I recorded the call [it was from Louisiana where legally you only need one party’s permission]. In case their requirements magically change once they show up and see my records, I have a record of our conversation.
Anyone who’s interested in hearing the answers to my questions or just wants a copy of this for their records like I have, I uploaded the file here.
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That’s only of limited good. The FBI can’t change the law and can’t protect you if you’re in violation. The FBI told me I can do it won’t save you if the agent’s wrong or policy changes or the US Attorney or judge sees things differently. It can give you some general guidance, but why not play it safe and just hire a lawyer if your so concerned. Now, the thing to really be concerned about is that when the agent reads that you posted his comments and showed him up after he tried to be a nice guy, he is going to have a supper hardon for you.
I tell you what the killer part is; did his call being transfered outside Louisiana to another state that has the two-way conversation law? The law only protects him if the call was to another Louisiana phone number, if he was transfered outside to another state, then that means that the law applies in which state the calls where transfered to. So if he called the 800#, and got transfered to California, New Hampshire etc, then the law (which is a two-way conversation law in these state ) of these states will be the one’s that counts, not the state that he is calling from. Question remains, does he know where and which agent was recieving this call and whereabout this agent was in the ‘country’. It may be the part that will ‘kill’ him in court.
Let me guess Moxie is a lawyer who writes dirty stuff on xpt.