Telephone Recording Laws: Notification & Consent

Telephone Recording Laws: Notification & Consent

call-recording-notificationLast week we looked at the different telephone recording laws; today we look at the wording of these laws and what it means for you.

The wording of the telephone recording laws in the U.S is significant. States are classified as all or one party notification but require consent from the participants on the call. This means that parties on the call must be notified of the recording in order to either give or take away their consent.

So how exactly do you notify the other party you are recording the conversation in order to get their consent to continue?

The FCC defines three acceptable forms of notification that a telephone recording is in progress. They are:

  • Prior verbal or written consent of all parties to the telephone conversation
  • Verbal notification that is recorded at the beginning, and as part of the call, by the recording party
  • An automatic audible beep tone repeated at regular intervals during the course of the call.

The most common type used is a verbal recording at the very beginning of a phone call that usually states “Your call may be recorded for quality assurances or training purposes.”

If you do one of the three listed above and notify the party their call is being recorded, you have completed the notification aspect.

The next issue is getting their consent. As difficult as that sounds, it’s actually pretty simple. If the person on the other end continues with the phone conversation after being informed, you are considered to have their consent.  Otherwise, they would hang up and consent would not be given.

To summarize, telephone recording laws differ by country and state. In the United States, if you live in an all-party notification state, you will always know when a recording is taking place. If you live in a one-party notification state, you will not always know when a recording is taking place.

Please visit the FCC’s website on telephone recording for more information or seek counsel from the legal advisor in your area for additional specific information.

It is highly recommended you seek assistance from your legal adviser. This is not intended as legal counsel.