Dear YouDig?

Dear YouDig?,

We are getting scammed by one of our suppliers but we can’t seem to pin down the proof. They say they give us 20 tons of the stone per order. Our scales consistently come in at 18 tons. Over and over again.

We think we can trap them into admitting they are shorting us. One of our project managers wants to record his phone calls with the supplier’s representative.

We are not the FBI. Is this legal?

-Faux Fibbie

Dear Faux Fibbie,

You are not legit FBI but your “sting” is probably legal in Ohio. Under Ohio law, private phone conversations can be recorded so long as one party to the conversation knows and consents to the call being recorded. That means as long as you are a party to the phone call, you may record the conversation with your supplier.

Tread lightly though. First, if your supplier (or anyone else on the call) is located out of state you also have to follow that state’s laws and may need consent. Fibbie, it may be a little awkward when you ask, “Excuse me, is anyone on this call out of state?” Bad spy. Bad bad spy.

Now just so you don’t get carried away, remember also that under Ohio law you are prohibited from recording a call between two others, if you are not a party to that call without the consent of at least one party. That means if you are recording a call between the supplier and your extremely persuasive close friend you better let your friend know and obtain his consent.

Lastly, don’t you dare use the recorded call for “improper purpose.” You know … like blackmail, or telling tales out of school about the supplier’s soon to be ex-wife. Best bet Fibbie, turn the recording over to your attorney and work with them to resolve the issue, YouDig?

Guest Author: Matt Smith