Call recording law FAQ
Optimise is a flexible web-solution used in a variety of call recording applications, and one of the first questions many customers ask us is whether or not call recording is legal. Whilst the laws in different countries vary dramatically, and you should check with us about specific laws for your location and rely upon current local legal advise before implementing, we have put together this FAQ to help you.
Also you can contact us to talk in further detail about the situation for your location, as the following Call Recording Law FAQ is just a guide
Q : Is it legal to record my business calls ?
A: Yes – as long as you are using call recording to evidence transactions, improve processes and quality. It is not legal to intercept communications which are not yours, or to record calls for commercial gain in most territories – ie to sell the call content or place it in the public domain without the permission of the parties concerned.
Q: Do I have to tell my employees that they are being recorded ?
A: Yes – Typically in writing, and best through written policy and contracts, with clear indiciation of why recording is being used and the benefits and protection that it can give to the company and the employee, and indeed the caller.
Q: Do I have to tell my incoming callers that they are being recorded ?
A: Yes – but it is often sufficient to do so through your contracts with existing customer, through notifications on web sites / advertising etc for prospective customers and through in- call IVR messaging for incoming calls to call centres.
Q: Do I need to tell my customers or prospects whom we call to that they are being recorded ?
A: It is good practice for outbound calls to notify the customer that their call maybe recorded and it mandatory to do so if you wish to rely upon the recording for evidencing a transaction prior to the transaction taking place. If you are calling existing customers and their contractual terms include the right to record calls then this is not necessary.
Q: How long can I keep the calls for ?
A: Y ou can generally keep calls for as long as you want. In some cases customers are mandated for PCI Compliance or FSA Compliance to keep them for a certain number of years. In other cases customers will keep calls for as long as there might reasonably be a customer enquiry or dispute regarding that particular transaction.
Q: Can I record credit card details and card payment transactions ?
A: PCI Regulations are clear that Card details should never be stored in an application. There are currently opt outs around recording CVV and Card data for call recording, but the best Call Recording solutions, including Optimise OnDemand, can provide a fully compliant solution whereby the card data is never recorded. Find out more here. On the other hand it is essential to record the rest of the call to evidence the customers request for a product or service to avoid later disputes and chargebacks.
Q : Is it legal to record business calls in the USA with only one party’s permission ?
Yes – In all but 12 states it is legal to record calls with just one party’s permission. Under United States federal law and most state laws there is nothing illegal about one of the parties to a telephone call recording the conversation, or giving permission for calls to be recorded or permitting their telephone line to be tapped. Federal law says that at least one party taking part in the call MUST consent to the recording. (18 U.S.C. 119, Sec. 2511(2)(d)) This means recording a call you are not involved in is illegal throughout the U.S. UNLESS you are a business and the call is occurring on a phone line or extension you are paying for.
However, these states, in particular California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington require that all parties consent when one party wants to record a telephone conversation.
Michigan has a similar but less prescriptive rule: anyone who is a party to the conversation can record it himself, but a third party wishing to record the call must get the permission of all parties to the conversation.
Regardless of whether you operate in a one or two state jurisdiction, it is considered better practice to announce at the beginning of a call that the conversation is being recorded.
Below we have provided links to legal and other reference sites in different countries. These refer to the recording of telephone calls or other telecommunication laws*.