How would you feel if a third party recruiter/headhunter was recording your calls without permission

[elehhhhna]

Even in states that explicitly require two party recording consent?

Asking for a friend.

[MineralMan]

1. Depends on who I was, I guess.

Would I be a prospective candidate for some position? Why would a recruiter/headhunter be recording my calls in the first place. Not a normal procedure, really.

I'll need more information if I'm going to play, really. Tell me more about this friend of yours.

[elehhhhna]

5. Yep, a candidate perhaps revealing corporate info and often detailed dissatisfaction.

Director and C-suite level candidates

[MineralMan]

9. I don't know. I've written a couple of websites for an executive recruiting

firm, but I really haven't seen them at work. I've worked from conversations with the CEO of the recruiting firm. It's an interesting sort of business, though. Is it normal for them to record conversations with potential candidates like that? I thought confidentiality was a major thing with them at some level, anyhow.

I think that if I was such a candidate, I'd be very alarmed if they were recording discussions with me. I wouldn't like it, because a candid conversation would be likely to reveal more than I wanted to be retained, I'm sure.

[flyingfysh]

2. Try asking on LinkedIn

There is a lot of discussion of recruiting and headhunters there.

[elehhhhna]

7. That would be a lovely way to out myself

No thanks.

[Hokie]

3. I'd turn him in

Illegal is illegal. I assume the friend lives in one of the 12 two party consent states? Even if not it is unethical. However, it also depends on whether the headhunter provided a service that proved to be of value. How has he or she used the recording?

[elehhhhna]

8. The friends in a one party consent state and calls all the two party consent stated

[Hokie]

10. I believe the person doing the recording is bound by the laws in their state

So if the head hunter was the one doing the recording and lives in a two party consent state it doesn't matter where the friend lives. Recording without all parties' consent is illegal. If the situation were reversed then it would be legal.

Your friend would have to decide if he wants to put the head hunter through the embarrassment of getting arrested or fined. That being said if he did it once he probably does it all the time. I might be tempted to let the guy know what he did was illegal and he better knock it off. I don't think that there is more than a fine involved in any state where two party consent is required.

[elehhhhna]

11. Not so. The person being recorded is in a two party state. They must be informed.

Regardless of the requirements of the state from which then call is placed.

That's the case law, anyway. Thanks to collection agencies losing litigation over this exact matter.

[Hokie]

12. Thanks for the correction

I should have researched the opposite situation a bit. I later found some cases on this in California.

[Orrex]

4. Do they offer some canned disclaimer?

Something like "For quality and training purposes, calls may be recorded or monitored" for instance? Nearly every customer-service related place I call has a message along those lines.

If they tell you that they're recording but you don't want them to do so, you can hang up. If they record you without telling you, how do you find out?

[elehhhhna]

6. No. No beep, no verbal warning