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Birthday Scams and Roses

I haven't been on here in a while but I have a question. Ken Hoffman keeps writing in the Chronicle that all of the Birthday Scams by Dean and Rog and Roula and Ryan's Roses bits have to be staged and scripted because FCC rules will not allow for a phone conversation to be aired in which at least one of the parties involved was not aware that it was being taped. He says that they still cannot be aired even if the parties agree to airing after they are recorded. A good friend of mine was birthday scammed and I can assure you (and Ken Hoffman) that it was not setup/scripted/staged beforehand. Can any insiders shed some light on this?
 
The way I understand the FCC Rules on this is permission is permission. As these calls are prerecorded and not aired live, it would not matter if permission is obtained before or after the call. The issue is someone being on the air without their knowledge or consent.
 
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