Posted by John K. Wadsworth on 1/23/09 5:31pm
Msg #275440

FASS and NNA background requirement

Just spoke to NNA about their background check requirements and they told me that you have to purchase the signing agent course and certification also in order to get the background check required by FASS. I recorded the conversation along with the name of the person I spoke to. I had previously e-mailed FASS and indicated that I had just renewed my CA comission and DOJ and consumer background checks are necessary to renew. Sounds like FASS and NNA have quite a scam going on. I am forwarding all the correspondence and audio to the AG of CA as well as to my attorney for opinions. I hate being jerked around especially by companies that try and rip you off on fees. Just venting folks.....

Reply by CaliNotary on 1/23/09 5:34pm
Msg #275442

I hope you let them know you were recording the conversation. I'm pretty sure it's quite illegal to do so otherwise.

Reply by jojo_MN on 1/23/09 5:44pm
Msg #275444

I'm not sure about current laws, but my attorney told me a few years ago that as long as one person in the conversation knows it is being recorded, it's not illegal.

Does anyone know if that is true now?

Reply by jojo_MN on 1/23/09 6:47pm
Msg #275453

This is what I just found from this website: http://www.privacyrights.org/fs/fs9-wrtp.htm

"California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct "beep tone" warning (CPUC General Order 107-B(II)(A)(5)). However, tape recordings can legally be made if an individual or members of one's family are threatened with kidnapping, extortion, bribery or another felony involving violence. The person receiving the threats can make a tape recording without informing the other party. (California Penal Code 633.5)

Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted laws based on the federal standard. But 12 states, including California, require the consent of all parties to the call. These are are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. For a state-by-state guide to taping laws, including a discussion of federal law and references to caselaw, see the Reporters Committee for Freedom of the Press guide, www.rcfp.org/taping/ . "

Reply by Becca_FL on 1/23/09 6:49pm
Msg #275455

It depends on your state laws

Some states have a one party requirement and other states require full disclosure.

Reply by Marian_in_CA on 1/23/09 7:45pm
Msg #275467

CA Penal code 632 -- sounds like CA is a two-party state n/m

Reply by Leon_CO on 1/23/09 5:36pm
Msg #275443

>> I recorded the conversation along with the name of the person I spoke to. ... I am forwarding all the correspondence and audio to the AG of CA as well as to my attorney for opinions.<<
---------------------------------------------

Did you get their consent to record the conversation?

There is a reason why companies use that disclaimer:

"This conversation may be monitored for quality assurance."

Good luck.

Reply by John K. Wadsworth on 1/23/09 5:52pm
Msg #275446

Last time I checked either you could notify that the conversation was being recorded and they have an option of not wishing to be recorded or acceptiong it. Also if a recording device has an audible tone indicating a recording that was legal. Haven't looked that up lately though. I will get a legal opinion from my attorney before contacting AG.

Reply by Linda_H/FL on 1/23/09 6:00pm
Msg #275448

No need to consult your attorney, John

Don't use the recording - I'm sure they're right in that you needed to advise the person they were being recorded...

Anyway...Just file your complaint outlining the conversation as it happened - omit the recording. Any investigator (or clerk for that matter) for the AG's office can go on the NNA website and try to get the BGC WITHOUT joining and getting certified - they'll find out you're right. They can then even go so far as to follow the steps you took and call the NNA to inquire about it and get the same answers, if they wish to check deeper. MHO

Reply by Linda_H/FL on 1/23/09 6:01pm
Msg #275449

BTW John - sent you a p/m n/m

Reply by Glenn Strickler on 1/23/09 6:10pm
Msg #275450

It just amazes me ......

That FASS would require you to get a high dollar BGC combination in order for you to work for them, and then turn around and offer low-ball fees.

I will PASS on FASS and the NNA

Reply by Marian_in_CA on 1/23/09 6:22pm
Msg #275452

"I had just renewed my CA comission and DOJ and consumer background checks are necessary to renew."


Actually... that's not entirely true. The SOS requires a DOJ and FBI fingerprinting and criminal background clearance, yes. And it is likely that they also check your DMV record, but they do not do a consumer background check. That would mean checking our credit and such, and they do NOT do that.

Reply by Glenn Strickler on 1/23/09 8:22pm
Msg #275469

I have a friend that paid to get the NNA BGC a couple of months ago. He passed with flying colors. The thing is he had to freeze access to his credit reports due to attempted identity theft last year. The big three credit agencies would have to ask his permission to let someone access his credit report. No such permission was requested, nothing appeared on his reports, so apparently NNA's check does not access credit reports, either ......

Reply by Marian_in_CA on 1/23/09 9:05pm
Msg #275470

Well, I think they do a very limited credit hit just to verify addresses, which is allowed from what I understand.

Mine NNA membership/BGC paid for by somebody else, so I do have it and I have found it to be a decent enough marketing tool. Their check was no more intense than the CA one as far as I can tell and even though I gave them my maiden name, they did not run anything under that name. The NNA check did pull up my DMV record... but the CA SOS can probably do that, too. I'm sure that they do at least a cursory DMV check to validate the residency requirement.

Will I renew it next year? I'm not sure. I have received a couple calls from it, but nothing that would have covered the cost just yet. If I get enough work from the people who require the NNA check, I'll consider it to be an advertising expense. Otherwise, I may drop it. The only thing I've really received from the NNA so far is a lot of essentially useless mail.

Reply by Glenn Strickler on 1/23/09 9:37pm
Msg #275472

Any inquiry on the credit report will show on the credit

report from any credit reporting agency. That is the law. There was no inquiry shown on his credit reports.

Reply by Becca_FL on 1/23/09 6:52pm
Msg #275456

Please contact the DOJ in DC. I'm sure they are interested. n/m

Reply by Maureen_nh on 1/23/09 11:26pm
Msg #275482

Would restraint of trade come into play here?

Reply by MW/VA on 1/24/09 8:55am
Msg #275488

DOJ was investigating NNA on price-fixing. Isn't this a form of price-fixing--having to pay their fee for BGC?