Tesla said it didn't have key data in a fatal crash, then a hacker found it

This is true.

I knew a guy who used to record all his calls with companies, and would let them know they were being recorded, if they didn't have that disclaimer.

He would say "This call is being recorded." He told me that most of the companies hung up immediately, when he said that.

I never heard him say that his recording ever did him any good, though.

> He would say "This call is being recorded." He told me that most of the companies hung up immediately, when he said that.

If someone calls you and declares that they're recording the conversation, you probably should hang up too. It's usually used as a threat by people who intend to use it against you legally somehow. Your friend may have been an exception, but there's no way for the people on the other end to know either.

If you're acting as a representative of a company on the phone, hanging up and informing your manager or legal counsel is a good idea.

As for customer service recording calls: I didn't understand this until I was on the other side of customer support. The number of people who tell lies about interactions with support is insane. These days it's mostly e-mail and therefore easy to look up. You wouldn't believe how many people would try to throw our customer support people under the bus ("Support said you'd give me a free replacement!") until they realize we can go back and check these things.

I recall reading about a situation where a dude sued Evil Corp based largely on phone conversations he recorded. Evil Corp tried to argue the recorded conversations were illegal because their was no explicit consent and therefore couldn't be used in the lawsuit. However, the dude counter-argued that Evil Corp's own disclaimer clearly states the call can be recorded; it just never mentioned who's doing the recording. The judge agreed with the dude and the lawsuit proceeded. I can't remember, I think "Evil Corp" was his local cable company???

The majority (37!) of states do not require consent or notification, and there is no federal requirement (so as long as the recorder is in a one party state, the recording is legal). There is also no requirement that a person let you know that a third party is on their side of the line listening, taking notes and willing to testify.

You should just assume that any phone call with stakes is being recorded and that anything you say can be considered binding. Verbal contracts are valid almost everywhere, so what you say on the phone does have legal consequences regardless of whether it was recorded. Courts will also accept your notes about a phone call as evidence in the absence of a recording.

As long as you are in one of the 37 states that do not require consent, the recording is valid as well.