NEW FREEDOM, Pa. — "This call may be recorded or monitored for quality assurance."
We hear that a lot when we call companies like a tv provider or even a bank.
It's a way for companies to avoid wire tapping violations, but since the call is recorded do you have a right to listen to it?
FOX43 Finds Out
Cleveland Parks and his late wife used to spend hours watching the Baltimore Orioles together at their home in New Freedom.
His daughter, Bonnie Rohrbaugh, said "Mom passed away last July, so a big thing for him was, I just want to be able to watch the Orioles."
Rohrbaugh signed her 86-year-old dad up for Dish TV.
He was all set to get MASN, the Mid-Atlantic Sports Network, so he could watch the team.
Bonnie said she talked to a Dish tv agent over the phone several times, "He said OK, do you agree to the terms and conditions? And I said yes, as long as he gets MASN and can watch the Orioles."
That didn't happen. Bonnie called again and spoke with another Dish agent who suggested they try the MLB extra innings package. Bonnie said she asked if that would include the Orioles and the agent said yes. She then purchased the package, but it did not include the O's.
"No Orioles. blacked out. Every game blacked out," she said. At this point, Rohrbaugh was fed up.
She said, "When I said I wanted to cancel they said he'll owe an early termination fee. And I said no, no, no, no, no way because he didn't get what you promised him to begin with."
Her dad was hit with an early termination fee of $486.80.
"We've been had. we've lied too, we've been taken advantage of," said Rohrbaugh. The daughter said every time she called dish she would hear this "This call may be recorded for quality assurance purposes" at the beginning of each call.
She says the recording is proof she only agreed to the terms if her dad could get MASN, but the company didn't let her listen to them.
When FOX43 Finds Out emailed Dish about the issue and the company changed its tune.
Now, Dish is not charging the family for anything.
Bonnie says if it wasn't for FOX43 Finds Out her dad would have been stuck paying a big bill, "I would also like to see people hear this story and know what can happen to you when you call over the phone and agree to something over the phone."
What rights do you have?
FOX43 Finds Out also chatted with a lawyer about what rights the consumer has in this situation and we don't have a ton.
Bryan McQuillan, a criminal defense attorney at Kelly, Parker & Cohen in Harrisburg said, "The utility, the company, or whomever you have consented to record your voice doesn't necessarily need to turn that over to you. That's not free will. They keep that for their own benefit."
Here are three things you can do:
1.) Get a lawyer. You'll have to pay them, but they can go the legal route to possibly get the recording.
2.) See if the company offers a chat option, that way it's all in writing or ask them to email you a contract while you're on the phone with them.
3.) As a last resort, you can also record the conversation on your own Which McQuillan said could get a little murky with the wiretap law, especially in Pennsylvania. "That's a very slippery slope because you need to make sure that they have consented or you hear that they've asked you to consent to a recording."
FOX43 Finds Out also asked Dish about what it does with the recorded phone calls, if anyone listens to them, and if they will give the consumer a copy if they ask.
Dish did not answer any of those questions.
If you have a story you want Jackie to look into, FOX43 wants to find out. Send her a message on Facebook or send an email to FOX43FindsOut@FOX43.com.