• Report: #1120632

Complaint Review: Voice Logic

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  • Submitted: Mon, February 03, 2014
  • Updated: Mon, February 03, 2014

  • Reported By: Michael Lissack — Naples Florida
Voice Logic
334 Munster Ave. Suite 100 Toronto, Ontario Canada

Voice Logic Derek Watt Illegally Records Calls Without Disclosure to You or Your Clients -- Fails to Provide Contracted Services -- No Service but NO Refunds Toronto Ontario

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Voicelogic was contracted to call my clients and update their contact preferences.  At no point were they authorized to record those calls and yet they both recorded the calls and failed to warn my clients that the calls were being recorded.  Thus was NOT what I contracted for and yet Voicelogic will not process a refund for the 30 hours of call center time which remain unused on my account.

*******************************************

My letter to them

Derek

Upon reflecting about our call yesterday, I realized you said "all calls are recorded" -- this demanded further research.

With regard to the calls between you and I, you NEVER notified me that the calls were being recorded, and I NEVER assented to their recording.  Under Florida law such recording without affirmative assent is a felony.  Under PIPDEA, it is the basis for a complaint to the Privacy Commissioner for an investigation.
 
With regard to calls between Voicelogic and my clients, I NEVER authorized Voicelogic to record such calls and nowhere did Voicelogic disclose to me that it intended to record such calls.  There is no such disclosure in any obvious place on your website and it is not on your "contract".  Again, under PIPDEA, this is the basis for a complaint to the Privacy Commissioner for an investigation.
 
Further, given your personal failure to make adequate disclosure of the recording of calls, I must enquire as to how Voicelogic's agents made such disclosure.  Since such disclosure is mandatory under PIPDEA, i would like to know if and how it was made with respect to every call Voicelogic made to the list of clients I supplied.  To the extent that your agents did make the requisite disclosures, that disclosure was NOT part of the script I authorized and thus was a failure to supply the services contracted for.  To the extent the requisite disclosures were not made, I feel an obligation on my clients behalf to initiate a complaint and investigation process under PIPDEA.  Please see http://www.priv.gc.ca/resource/fs-fi/02_05_d_14_e.asp
 
The Office of the Privavcy Commissioner asks that the parties to a potential complaint attempt to "work things out" before a complaint is initiated.

Given the obvious situation: either flagrant PIPDEA non-compliance or flagrant contractual violations (using a non-approved script), I believe that the only appropriate remedy is for VoiceLogic to give me a full refund of the $1605.
 
A copy of this letter is being furnished to my credit card provider and a full chargeback has been initiated.

Please advice how Voicelogic would like to reach an amicable resolution to this issue

Michael Lissack
***********************************************
 
Their Response
 

Dear Michael Lissack,

We have reviewed your email regarding calls being recorded, PIPEDA and your refund request.   Please find answers to all of the aforementioned below.

Call recordings are used for quality control purposes, and to avoid contract disputes such as this one.  If you were to review our “Invoice-Agreement” # 113042U that you signed on January 17, 2014 you will see that item #5 clearly states “All graphics and voice recordings become property of Voicelogic".  Our contract clearly informed you that recordings take place and by signing the agreement you approved of this.

Furthermore, our company is based in Toronto, Ontario Canada and as such we operate under Canadian laws, not USA laws.   Ontario law permits us to legally record inbound and outbound calls to and from our office.  Technically we are not required to inform you calls are being recorded.  

If any Florida laws are applicable in this situation, they would be applied to the Florida- based company, or in this case the client of the telemarketer.

PIPEDA applies to gathering and protecting of personal information during phone calls such as, health information, banking information, etc.  Your Florida residential Real Estate telemarketing campaign was to make calls to your private list, to confirm emails that you were sending to them were accurate, and where appropriate solicit a call back time for Michael or Ruth Anne.

Mr. Lissack, you originally contacted us, and hired our company.  Thank you!  We used your list, your script, and your idea.   The limited information confirmed or collected during the call was for your use only -- and in accordance with your instructions.   

Having noted the above, it is clear that we have done nothing wrong and as such we are respectfully declining your request for a refund.

It is our understanding that you have approximately 30 calling hours remaining, and we will await instructions as to how you wish to use them. 

Yours truly,


This report was posted on Ripoff Report on 02/03/2014 05:45 PM and is a permanent record located here: http://www.ripoffreport.com/r/Voice-Logic/Toronto-Ontario-M8Z-3C5/Voice-Logic-Derek-Watt-Illegally-Records-Calls-Without-Disclosure-to-You-or-Your-Clients-1120632. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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