Lesson learned: when reporting a vulnerability, record all discussions from first contact with the vendor. At least in cases where the vendor doesn't have a clear, easy to find policy and/or bounty for disclosures. I think it's totally fair to reject an NDA but I don't blame him for fearing an overzealous reaction on their part. Even being on the right side of criminal and civil law, you really do have to be willing…
I believe that you'd need to tell them that they were being recorded or you could get yourself into trouble. Edit: looks like this could be possible without getting into trouble depending on the state you're in: http://lifehacker.com/5491190/is-it-legal-to-record-phone-ca...
It bothers me a lot when services, such as Google Voice, announce to all parties that such recording is occurring.