Telephone Recording Law FAQs
Posted by Ryan Walsh on 25 June 2013 12:33 PM

What are the two types of state laws that govern telephone recording?

  1. All-party notification states (CA, CT, FL, IL, MD, MA, MT, NV, NH, PN, WA)

       (All- party notifications means that both parties participating in a phone call are made aware that the call is being recorded.)

  1. One-party notification states

       (One-party notification means that only one party out of the two on the call are notified that the call is being recorded.)

What are the accepted forms of notification for telephone recording?

  1. Prior or written consent of all parties to the telephone conversation.
  2. Verbal notification before the recording is made.
  3. An audible beep tone repeated at regular intervals during the course of the call.

What does Federal law require for recording telephone calls?

Federal law requires that at least one party taking part in the call must be notified of the recording. Many businesses and other organizations record their telephone calls so that they can prove what was said, train their staff, or monitor performance. This activity may not be considered telephone tapping in some, but not all, jurisdictions because it is done with the knowledge of at least one of the parties to the telephone conversation.

The Telephone recording laws in some U.S. states require only one party to be aware of the recording, while other states require both parties to be aware. It is considered better practice to announce at the beginning of a call that the conversation is being recorded.

For example, at the beginning of a call you could play a brief message that says something to the effect of; “This call will be recorded for quality assurance.”

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