This involves illegal phone recording by an insurance company in Florida, a 2 party consent state.
ISSUE:me and my boyfriend live in Rock Hill SC. on March 2, our home was burglarized. Cops were called out, took a report etc.
We filed a claim with our insurance company for the loss under our renters insurance policy with Assurant / American Bankers Insurance of Florida.
We were assigned a claims adjuster, Named Mary. Her initial phone call to us she explained the process could take about 14-21 days . We submitted all information requested, police report, photos, statement etc etc etc.
After the first 2 weeks, Mary informed us further investigation was taking place. In a voice mail message to us, she stated she needed to do a recorded phone interview/statement and would call back the following day
to do so. The same day of that voice mail, I emailed Mary and informed her we certainly did not mind doing a recorded phone conversation/statement "if" we could do the same. I informed her I would like to record the conversation(s) as well.
Mary called me the following morning ( this past Firday, March 22) and stated she got the email but could not authorize us to record the conversation, only she was allowed to do so. I then informed her if that was the case, we did not wish to do a recorded phone conversation "if" we were not allowed to record the interview as well...She then informed me she had a couple questions she needed clarification on for a few of
Tony's reported items ( Tony my boyfriend ). I put TOny on the phone and I walked out of the room to take our dog outdoors.
When I came back in , Tony was still on the phone with Mary , the adjuster, and Tony was asking me questions also for clarification. As well, I was listening to him talking to Mary and often elaborated on things he was saying regarding the burglary/claim/loss. I WAS NOT HOWEVER aware this conversation was being recorded until Tony hung up and said he had to give a recorded statement. It ticked me off Mary, the adjuster was told by me, "I" didnt want to do a recorded conversation if I couldnt record the conversation yet she did so with TOny. That is fine with Tony, I dont have a problem, he is an adult and can make his own decision. What I do have a problem/issue with, is the fact that I was talking in the background of the
conversation and not once did Mary tell Tony to inform me the conversation was being recorded..I
emailed Mary my concern and complaint about this and informed her to let me know if in fact i was recorded in the background talking. Mary emailed me back this past Monday stating : I understand your concern, however I was granted permission from Tony to take a recorded interview. This is an agreement that was made between him and I as a requirement prior to initiating the recorded interview. If during the interview
there was any communication between you and him, that would be solely between you and Tony. Your file has been forwarded over to our special investigations unit for further processing and as soon as I get additional details from the investigator, I will be notifying the both of you.:.
As well, on Monday, Mary informed us that the claim has been turned over to the SIU ( Special investigations Unit ) for further investigation by an investigator. This REALY has us upset . I did research and found that claims are turned over to SIU when their is "fraud" suspected. WE are the victims and now being treated like the criminals?
I informed Mary her interpretation of the laws in Florida regarding recording phone calls was incorrect and that the law actually states:
copy of my email text:"Mary,
That is incorrect information. Each person to a party of a conversation should have express consent in a 2 party state such as Florida for such a recording. You could have easily informed Tony to inform me the call was being recorded but you didnt and knowing that I previously stated I would not do a recorded statement on the phone if I could not as well record the conversation, which you stated I could not do.
Here is the info regarding consent for Florida: Florida's wiretapping law is a two party consent law state. Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent.
Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public
place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. However, you should always get the consent of all
parties before recording any telephone conversation and any in-person that common sense tells you is private."-------end____________CONTINUED FROM ABOVE PARAGRAPH
We feel she used the recorded conversation of Me to our disadvantage and in retaliation for my complaining, forwarded the claim to the SIU. I have allready expressed frustration to the insurance company this claim is 2 days from being a month since it happened and we are being stalled and investigated. We have sent all information they have requested, we have also sent information above and beyond what they have
requested in advance. Now, going into the 4th week, it's NOW being turned over to the SIU. It seems with this Insurance company, their customers are "guilty until proven innocent".