Legal Question in Business Law in Nevada

Is a taped phone conversation always a binding contract?

My son in WV was telephone solicited while at work by someone from NV and through a taped phone conversation subscribed to several magazines. He was distracted as he working and agreed to terms in the process of trying to end the conversation. He was under the impression that it was some type of free subscription deal. He just received a bill for payments over a 2 year period totaling over $700 which states that there is a non cancellation policy. I found the following NV law: Nev. Rev. Stat. ��200.620 & 48.077 It is unlawful to intercept a telephone conversation unless one party to the communication consents and an emergency situation exists making it impractical to get a court order permitting the interception. But, Nevada statutorily allows the admission in its courts of the contents of any communication lawfully intercepted under the laws of another jurisdiction if the interception occurred in the other jurisdiction. Does this law imply that because the call was from NV that the verbal contract would be void because it was not legal?


Asked on 11/16/05, 5:58 pm

3 Answers from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Is a taped phone conversation always a binding contract?

I don't have an answer. Generally speaking, telephone interception statutes are structured toward criminal prosecution of such activity and as a matter of evidentiary admission. If there is a contract, it may enforcable even if the recorded conversation is not admissible in evidence. Your son should contact a lawyer, and the consumer affairs division of the Attorney General's Office as there could be fraud or deception in the solicitation. There could be a requirement that the solicitor register with the Secretary of State.

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Answered on 11/17/05, 9:07 am
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Is a taped phone conversation always a binding contract?

Is your son a minor? If he has not yet reached 18, the contract may be completely voidable on that basis. Unfortunately for him, the dollar amount involved is not enough to interest many attorneys, but he may well need legal counsel if he is sued for payment on the contract.

Nevada's Attorney General's Office and the Bureau of Consumer Protection are very active in pursuing scam telemarketers, so a complaint to that office may get some results: http://ag.state.nv.us/divisions/bcp.htm

Best of luck to your son. I hope he can escape this burdensome obligation he has entered.

Rick D. Williams, Esq.

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Answered on 11/17/05, 1:39 pm
Grenville Pridham Law Office of Grenville Pridham

Re: Is a taped phone conversation always a binding contract?

Mr. Zimmerman's response was very good. I would just add to make a complaint to both the Attorneys General of Nevada and WV, the Nevada Consumer Affairs Division, and the Federal Trade Commission, www.ftc.gov.

How old is your son and does he suffer from any mental disability? That may also affect how this matter is decided.

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Answered on 11/17/05, 1:41 pm


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