Have you ever hung up with a client and then can't read your own handwriting on the notes you took!?! This happens a lilllll to often...:\ So when I realized you could record calls on Zoom, I was all about it!! That feature is huge!!! Being able to go back and review what someone said, what amount was agreed upon, to confirm they did "approve" some piece of the project and countless other reasons is HUGE!
I know there are a lot of us out there that use this feature, but are you using it legally? Were you even aware there was any legalities to recording a conference call? Or any call or conversation in general?
Well, there is. To all of the above. Each state has their own laws on when you can and cannot record an in-person conversation, phone conversation, work conference call, etc. and of course, there is also a federal law.
There are two kinds of required consent for call recording: One Party and Two (or All) Party.
One party consent means that only one party, typically the caller doing the recording, needs to give consent. In speaking to conference calls, it is assumed that the host will record the call, as well as be a participant in the call, therefore their consent is all that is needed. There does not have to be any notice that the call is being recorded.
Two Party/All Party consent means all callers must be informed that the call is being recorded prior to doing so. Whether it is you and one of person or you and five (5) other people. So, if someone is running late and misses the disclosure that the call is being recorded, you need to repeat it to them.
Now when callers are from various states, things can get a bit blurry. Your state may be a one-party consent, but their state is a two-party consent...there is nothing cut and dry telling you which state prevails. Best practice is to include this disclosure anywhere that is appropriate. If someone books a call with you, have the disclosure on the booking page and confirmation page and repeat it once the call begins. You know me, the more you can CYA the better! When you are verbally speaking the disclosure, speak clear, at an appropriate volume and do not mumble. It's even better if the other parties are asked to say "Understood" or "Agreed" after the disclosure, but it is not required.
You can see if your state is a one or two party consent state by clicking here. Now, in my expert opinion, I don't care what your state law is. Always inform the other party if you will be recording the call. Why? One, it's simply the appropriate thing to do and two, states like Nevada who are a one-party state have had cases go up to the Supreme Court and have been deemed to actually be a two-party state. Yup.
Not only can you get fined, sued, all of the crap I preach over and over if you are not following the letter of the law, but you can also go to jail in this instance. So, I hope anytime you hit record, you tell them, regardless of where you are and where they are.
“This call may be monitored or recorded for quality assurances purposes. Your continued participation in this telephone survey serves as express consent to be monitored or recorded.”
“This call/session may be monitored and recorded for record-keeping, training and quality-assurance purposes.”
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>> This post is informational and educational only and is not legal advice, nor does it create a consultant-client relationship. <<
>> Please consult your legal counsel for further guidance on this topic. <<