FIND OUT WHICH LAWS RELATE TO YOUR RECORDING NEEDS WITH THIS GUIDE
Often there is good reason to record phone calls. Businesses, the government, and even individuals sometimes want to keep a copy of what is said during a conversation, particularly during heated discussions.
These recordings can be used for teaching, reference, troubleshooting and more.
However, before you click that red record button it’s important to
know, be aware of, and follow the appropriate laws. The US Congress and most states have detailed specific call recording regulations and statutes. Some states require One-Party consent, while others require that anyone participating in that call must consent to the recording. This is often referred to as either All-Party or Two-Party consent. Most
recently, and due to the popularity of conference or group calling, you may want to make it easy and just consider All-Party Consent rules as your routine choice.
Evaluating the Laws
The laws that govern recording phone calls exist because many people and governments label call recording as eavesdropping or wiretapping. It is therefore imperative to know the laws in your area before you decide to record even a single call.
Since these are state laws, the question then becomes, what if you are making a phone call across state borders, because let’s face it, most of us do business out-of-state.
It’s just not always easy to find, nor is it always clear whether Federal or State laws apply regarding call recordings. In most states, the law references the state where the recording device is located. That is a simplified way of looking at it, particularly since these days everything is in the cloud.
If you are using a VoIP phone, it is particularly difficult to
determine in which state the recording device is located—it could be where your PC or phone is or where your VoIP provider’s cloud is hosted, which may not actually be where the provider is.
Additionally, some state laws indicate that the law of the state where the person is being recorded, should take precedence. Therefore, when recording a call that crosses state borders, it’s best to follow the
strictest laws, no matter which state or federal law that could be. In almost all instances, recording a call or conversation, when all parties consent, is considered legal.
The USA vs. The World
Recording laws in the USA differ from those around the world.
Technology has changed significantly and while in some places around the world, All-Party Consent is the norm, the United States likes to leave these regulations in the hands of the States.
The Strictest Recording Laws
We found the strictest laws to be in Canada. While in the USA the laws outline party consent, in Canada it is different. In fact, Canada has specific rules in addition to their Consent laws.
Three main rules in Canada are included with All-Party consent. First, you must notify the others on the call that you are going to record the conversation. Second, during that discussion you must outline the purpose for recording the conversation. And third, you need to remind them that it can only be recorded with their agreement.
Many group calls or Webinars include people calling in from around the world. These are often recorded, and usually somewhere in the Terms of the Webinar, you will be given the above three-rule notification, where by participating you are giving your express consent to being recorded.
| One-Party | All-Party |
| Alabama | California |
| Alaska | Connecticut* |
| Arizona | Delaware |
| Arkansas | Florida |
| Colorado | Illinois |
| District of Columbia | Maryland |
| Georgia | Massachusetts |
| Hawaii | Michigan |
| Idaho | Montana |
| Indiana | Nevada |
| Iowa | New Hampshire |
| Kansas | Pennsylvania |
| Kentucky | Vermont** |
| Louisiana | Washington |
| Maine | |
| Minnesota | Canada |
| Mississippi | Australia |
| Missouri | UK |
| Nebraska | |
| New Jersey | |
| New Mexico | |
| New York | |
| North Carolina | |
| North Dakota | |
| Ohio | |
| Oklahoma | |
| Oregon | |
| Rhode Island | |
| South Carolina | * Mixed Laws |
| South Dakota | ** No Statutes regulating telephone recordings |
| Tennessee | |
| Texas | |
| Utah | |
| Virginia | |
| West Virginia | |
| Wisconsin | |
| Wyoming |
Should We Record Our Calls?
It is first important to consider the reason for recording your calls. After that, consider how important those reasons truly are, along with the impact it could have on your business, customers, or person, whether that impact is good or bad.
| Reason: Personal, heated discussion. | Reason: Technical, need to remember specific technical details. |
| Impact: Low, generally with a business, though if legally escalated, could be used as evidence. | Impact: Low, probably not proprietary information, though likely across State lines and with many people |
| Reason: Dictation, writing it down for later reference, often for legal purposes | Reason: Technical, need to hear phone line noise |
| Impact: Medium, could be medically necessary or per legal mandate, though probably not multiple parties | Impact: Medium, may be able to hear from one call, may need to record several |
| Reason: Customer Service, like spying on staff, and sometimes necessary | Reason: Verification, audible signatures |
| Impact: Large, going this route, you are likely recording all, or almost all calls | Impact: Large, if using for this reason, it is usually a large customer base |
Rule of Thumb
No matter a State’s Consent laws, the rule of thumb is to always receive consent from all parties on a call, if possible, prior to the call. Following the rules of our neighbors to the North, outlining the reason for the recording and asking for permission, is a common courtesy when it comes to call recording.
Many businesses in the United States already have a message saying, “this call may be recorded for quality assurance and training.” This standard for large companies might be something to consider no matter the size of your business.
While recording can be particularly cumbersome if you are having a group discussion or are even just recording a webinar, these laws are always something to consider, whether you are the recorder or
recorded party!
When hosting Webinars, you should be asking for consent to record, and by participating in Webinars, you are giving your express consent to be recorded.
Just remember, if you do decide to press that red button, be prepared. Most of our customers simply add legal language to their standard paperwork indicating the possibility of recording calls for use
troubleshooting. A general disclaimer for same is considered appropriate and acceptable.
Recording Using InphoniteVoice’s Premium Voice Reason: Technical & Customer Service / Impact: Medium
Customers can use the InphoniteVoice SaaS, Premium Voice recording feature to listen for static on their lines, or to prove that NO-SHOWS, actually did in fact receive a message, and may even have Confirmed their appointments. To fully appreciate this feature, please consider your State or Federal Laws and how they relate to you or your own customers or patients.
About Inphonite
Inphonite’s premier product InphoniteVoice is an automated messaging system offering secure, reliable, cost-effective, and completely customizable messages for businesses of any industry. Use
InphoniteVoice to automate any of your messaging needs. Visit us now to see how!
To Find out More www.inphonite.com
| https://www.justice.gov/jm/criminal-resource-manual-1050-scope-18-usc-2511- prohibitions | |
| Alabama | Ala. Code § 13A-11-30(1) and § 13A-11-31 |
| Alaska | Alaska Stat. Ann. § 42.20.300(a); Alaska Stat. Ann. § 42.20.310(a)(1) |
| Arizona | Ariz. Rev. Stat. Ann. § 13-3012(9); § 13-3012(5)(c) |
| Arkansas | Ark. Code Ann. § 5-60-120 |
| California | Cal. Penal Code § 632(a)-(d); |
| Colorado | Colo. Rev. Stat. Ann. § 18-9-303 (1) |
| Connecticut | C.G.S.A. §§ 53a-187, -89; C.G.S.A. § 52-570d |
| Delaware | Del. Code Ann. tit. 11, § 2402(c)(4) Del. Code Ann. tit. 11, § 1335(a)(4) |
| District of Columbia | D.C. Code § 23-542(b)(3) |
| Florida | Fla. Stat. Ann. § 934.03(3)(d) |
| Georgia | Ga. Code Ann. § 16-11-66(a); Ga. Code Ann. § 16-11-62 |
| Hawaii | Haw. Rev. Stat. § 803-42(3)(A) |
| Idaho | Idaho Code Ann. § 18-6702(2)(d) |
| Illinois | 720 I.L.C.S. § 5/14-2(a) |
| Indiana | Ind. Code Ann. § 35-31.5-2-176 |
| Iowa | Iowa Code Ann. § 808B.2 (2)(c); Iowa Code Ann. § 727.8 |
| Kansas | Kan. Stat. Ann. § 21-6101(1); Kan. Stat. Ann. § 21-6101(4) |
| Kentucky | Ky. Rev. Stat. Ann. § 526.020; Ky. Rev. Stat. Ann. § 526.010 |
| Louisiana | La. Rev. Stat. Ann. § 15:1303(c)(4) |
| Maine | Me. Rev. Stat. Ann. tit. 15, § 710 |
| Maryland | Md. Code Ann., Cts. & Jud. Proc. § 10-402 (c)(3) |
| Massachusetts | Mass. Gen. Laws Ann. ch. 272, § 99(B)(4); Mass. Gen. Ann. Laws ch. 272, § 99(C)(1) |
| Michigan | Mich. Comp. Laws Ann. § 750.539(c) |
| Minnesota | Minn. Stat. Ann. § 626A.02(d) |
| Mississippi | Miss. Code. Ann. § 41-29-531(e) |
| Missouri | Mo. Ann. Stat. § 542.402(2)(3) |
| Montana | Mont. Code Ann. § 45-8-213 |
| Nebraska | Neb. Rev. Stat. § 86-290(2)(c); Neb. Rev. Stat. § 86-276 |
| Nevada | Nev. Rev. Stat. § 200.620; Nev. Rev. Stat. § 200.650 |
| New Hampshire | N.H. Rev. Stat. Ann. § 570-A:2(I-a) |
| New Jersey | N.J. Stat. Ann. § 2A:156A-4(d); N.J. Stat. Ann. § 2A:156A-2 |
| New Mexico | N.M. Stat. Ann. § 30-12-1(C) |
| New York | N.Y. Penal Law § 250.00(1); N.Y. Penal Law § 250.05 |
| North Carolina | N.C. Gen. Stat. Ann. § 15A-287(a) |
| North Dakota | N.D. Cent. Code § 12.1-15-02 |
| Ohio | Ohio Rev. Code Ann. § 2933.52(B)(4); Ohio Rev. Code Ann. § 2933.51 |
| Tennessee | Tenn. Code Ann. § 39-13-601; Tenn. Code Ann. § 39-13-604; Tenn. Code Ann. § 40- 6-303 |
| Texas | Tex. Penal Code Ann. § 16.02; Tex. Code Crim. Proc. Ann. art. 18.20 |
| Utah | Utah Code Ann. § 77-23a-4; Utah Code Ann. § 77-23a-3 |
| Vermont | None |
| Virginia | Va. Code Ann. § 19.2-62 |
| Washington | Wash. Rev. Code Ann. § 9.73.030 |
| West Virginia | W. Va. Code Ann. § 62-1D-3 |
| Wisconsin | Wis. Stat. Ann. § 968.31; Wis. Stat. Ann. § 968.27; Wis. Stat. Ann. § 885.365(1) |
| Wyoming | Wyo. Stat. Ann. § 7-3-702 |
DISCLAIMER:
The information provided herein is for informational purposes only. Please consult your legal counsel if you have specific questions on compliance with pertinent Federal, State, or International laws.
