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Call Recording Illegal?

by aersoft
7 replies
So I've been reading alot around here and alot of people don't know what they are talking about.

Someone please answer or confirm if call recording is illegal for lead gen if I put " This call may be recorded for Quality Assurance Purposes" when a person calls my twilio number that is then forwarded to a client.

here are two quotes i've read

Everyone that is worrying about legal recourse... I must chime in because I OWN a phone company and have telecom licenses in several states.

RELAX! As long as you announce that "this call may be recorded for quality assurance" you are covered! PERIOD! All you that want to argue, please do not bother as, I have been a paralegal for 26 years now as well and know how the law is implemented based upon the statute.
And here's another

Not sure where your from but most inbound call are recorded for quality assurances, as long as they know it might be recorded, which you have a little audio in the beginning nothing illegal at all.
and here is another thread that doesn't even state clearly what is legal and what isn't http://www.warriorforum.com/offline-...t-illegal.html just people arguing back and forth.

I live in California. Is call recording illegal if i put that statement before calls? Is it an issue in this state.

Give me a definite answer thanks.
#call #illegal #recording
  • Profile picture of the author serryjw
    Call recording by state Welcome to the forum. Criticizing as a newcomer is probably not the best way to make friends.
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  • Profile picture of the author shane_k
    My only advice to you is if you are going to ask for legal advice on a forum, where you can never be sure if someone is a lawyer (even if they claim to be one) or not, to just remember that those who are giving you advice will not suffer any repercussions that you might face if what you are doing is actually illegal.

    In other words, if you get fined $10,000 that person giving you advice is not the one going to be paying it.

    if you end up having to shut your business down, that person who gave you advice will not suffer

    and in a worse case scenario if you end up in jail, that person who gave you that advice will still be free.

    So if you really want to know then talk to a Lawyer from your Country, and your state/province/territory.
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  • Profile picture of the author Rus Sells
    I'm not a lawyer but if the large businesses that I sometimes call have the recorded message that says my call my be recorded then they must be following some law that they have to abide by.

    Be safe though and ask an attorney.
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  • Profile picture of the author kenmichaels
    In florida it is permision based.

    From what I have been told repeatedly ... through out all of the changes in the last
    14 years - Post 911 ( there has been a boatload ...seemingly minor ... but very significant )

    As long as you ASK them and not TELL them your covered in the entire US.
    and you have to do it within the first 120 seconds.

    60 seconds to inform them of your name and company name
    and another 60 seconds for you to get permission to record the call.

    This call IS being recorded for quality assurance ... is that ok with you?

    ( Do not ever do "this MAY BE recorded" ... THAT can get you in hot water in some states )

    In your case ...

    Press 1 for yes
    Press 2 for no and hang up.

    With that said. I do not know if prerecorded messages and call forwarding
    fall into the same category as what I do.

    The info you want falls under compliance ...
    Signature

    Selling Ain't for Sissies!
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    • Profile picture of the author xlfutur1
      I think for most cases, telling the caller that the call is being recorded will probably cover you. If you are using Twilio however, its easy to implement the "press 1 to agree, press 2 to end this call" scenario. Doing that should certainly cover you in any case because you can prove that the caller pressed 1 to give their permission.
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  • Profile picture of the author SashaLee
    Hi there,

    One thing to bear in mind is when you hear "this call may be recorded...etc" this gives YOU the automatic permission to record the call. In other words, a company can't say, "We're going to record this" and not let you record it also.

    For fun, tell the operator on one of these such calls that you're recording the call and watch the call explode.

    California is an all-party state - meaning all parties on the call must know they're being recorded and consent to the recording.

    And, this is my non-legal opinion but we paid good money to find this out. Each state has different rules.

    All the best,

    Sasha.
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  • Profile picture of the author aersoft
    Thankyou all for your imput. I greatly Appreciate it.
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