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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118198
Experience:  Attorney experienced in commercial litigation.
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I need assistance with my directv service. If a phone call

Customer Question

Hello there
JA: Hello. How can we be of help?
Customer: I need assistance with my directv service. If a phone call is recorded between a representative and I, am I able to request a copy of the call?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Pennsylvania, I am having problems because of a "he said she said" sort of thing and I know that phone call will clarify my problem but I need to jump through hoops for that
JA: Have you talked to a lawyer yet?
Customer: I haven't. I just got off the phone with DirecTV after attempting to cancel my service because I feel like I have been wrongfully charged multiple times and they are telling me in order to terminate my service I need to pay for the remaining months which is about a year and eight months of service and that adds up to about $440
JA: Anything else you think the lawyer should know?
Customer: But this is all coming from a specific conversation I had with a representative two days ago and there is proof in that conversation that what is happening today is wrong
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that the recording is property of the company, so unless there is a lawsuit and the recording is subpoenaed or requested through a request for production, the customer is not just entitled to demand a copy of the recording.
If they are in breach of contract and are not providing service they agreed to provide, then you can sue them for that breach of contract. You can also file a complaint against them with your state attorney general consumer protection unit if they are not providing what they agreed and seek to get their assistance to resolve this matter before you sue, but if they cannot resolve the issue, then you would have to sue for breach of the contract as a last resort.
As a matter of contract law, what an employee tells you orally cannot change the terms of the written contract, so the courts would be forced to go by what the terms of your contract with DTV states regarding your service terms and conditions and holding them liable for breach for not providing the service the contract guarantees you.