What You Need to Know About Call Recording and the Law

While call recording has many benefits and can have a significant impact on a business’s success, there are certain things you need to know before you dive into using call recording software yourself. First and foremost, you need to be sure you’re on top of all legal requirements involved with using call recording in your country. This article will provide a brief overview of what you need to know so you can remain compliant.

The Essentials

The legalities of call recording can vary from country to country and even from state to state, making it vital to find out what your local laws stipulate. However, regardless of which country you’re operating in, you should at a minimum ensure all parties are aware that calls are being recorded.  This includes inbound calls, outbound calls and even calls between employees of your company.

You must tell callers that their call will be recorded, and provide an alternative if they don’t wish to be recorded. If they refuse to be recorded, you should ensure your call recording software allows recording to be stopped at the press of a button, or have another solution in place such as referring their call to a line that is not recorded.  

How to Remain Compliant in Australia

When using call recording software in Australia, you must inform callers at the start of the call that call recording will take place. If they do not agree with this, the caller should be given the choice to either end the call or request that call recording be disabled during their call. It’s up to you to have a solution in place that allows you to remain compliant and provides an alternative to callers who do not wish to be recorded.

How to Remain Compliant in the Unites States of America

Compliance in the USA is mostly Federal, but some differences do exist depending on the state. Generally, Federal law allows for calls to be recorded when at least one party gives consent for the call recording to take place. For example, if your customer support representatives know calls are being recorded and give consent for this to happen, there exists no need to inform the customer. However, there are some states that require all parties to be informed, which is why it’s important to do your research and find out the specific laws surrounding call recording in your state.

How to Inform Callers About Call Recording

There are a number of different ways you can inform your callers about call recording to ensure they can provide consent. The first is to play a recorded voice message before the call is connected that details that the call will be recorded. You can also edit your agent scripts to include a message about call recording in their introduction. Finally, a less common solution is to play a recording beep tone throughout the call that repeats at regular intervals, indicating that call recording software is in use. 

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