recording phone calls, how to notify the consumer

[lazydays]

Our company just installed a box that records every call made to and from the office. The owner wants us to notify the consumer that the call is being recorded. I think our phone system can play an automated message for incoming calls before connecting with the desired recipient, I'm working on that. For outgoing calls I'm wondering if we will have to verbally say, "this call is being recorded for quality purposes". Can someone share their experience with this? Thanks.

[cbelt3]

You need to research the law in your area. Generally you are required to notify all parties or it becomes an illegal wiretap.

[ztirffritz]

I believe that it is actually a federal law that is involved, but both parties must be aware that they are being recorded. Our phone system at work has a button that allowed callers to record calls, but I had to disable it on the PBX because it was too easy to abuse...and people did.

[lazydays]

I'm not really looking at this from a legal viewpoint. The owner says we need to notify consumers so now I'm looking at how to do it. We can say the notification every time but that sounds like a pain. Better if the phone system could do it somehow.

[freeradical]

I've made phone calls in the past - airport control tower- that were recorded.

You are warned that the call is being recorded by an audible beep every so often.

[RAMd®d]

I'm not really looking at this from a legal viewpoint.

Obviously.

But somebody should. For instance, what if you should slip and forget, and the other person finds out (however unlikely) the call is recorded and sues? Are you protected?

There is/are state and federals regarding the taping/recording of telephone laws. What may suffice in one state as notification may not be valid in another.

There are exceptions to notifying somebody that there calls are being recorded, but most businesses don't fall under them.

CA allows the use of a beep at a 15-sec interval (don't know if the interval is mandated) to suffice as the only notification. Other states may not. But I see this as an awkward move to solicit customers. So you may have to give some kind of verbal warning. And no matter how nicely you phrase it, most people will be put off somewhat. Maybe not enough to let you complete the call.

Is this just so the boss can restrict the use of phones to business? Does the nature of your business (not the boss' budget) benefit from call control?

[yeoman]

It depends. If you're in a one-party state and you are one of the parties then your not required to notify the other party:

[www.rcfp.org]

[M A V I C]

lazydays wrote:
I'm not really looking at this from a legal viewpoint. The owner says we need to notify consumers so now I'm looking at how to do it. We can say the notification every time but that sounds like a pain. Better if the phone system could do it somehow.

I'm somewhat confused by this. The owner is probably instructing this because of a legal requirement. If you don't do it right, there could be legal ramifications - like the owner getting sued and losing his business, and then you losing your job. It seems to me that the owner's intent in asking you to do this is to protect the company. By not wanting a legal viewpoint, then it seems like you're ignoring the intent.

This issue varies based on state. I imagine it also has to do with which state you're calling.

[kj4btkljv]

If you've got a corporate attorney, this would be a good time to use his/her services.

Jeff

[JoeH]

yeoman wrote:
It depends. If you're in a one-party state and you are one of the parties then your not required to notify the other party:

[www.rcfp.org]

There are federal laws that take precedence over those states' laws as soon as the call passes over state lines into another state. Some states have even more restrictive laws than federal. Really time to get good legal advice from an attorney, not here.