Taping phone calls
Post cutover, Matt has been a great resource, helping make a few tweaks and adjustments here and there and I anticipate I will be bouncing things off of him for a while yet, and his replies are greatly appreciated. Recording customer telephone calls can be a tricky business because the last thing any business wants is to run into legal trouble with a potential or current customer. Because recording telephone calls can involve the collection of personal information, there are a number of rules and regulations in Canada set forth by PIPEDA Personal Information Protection and Electronic Documents Act that companies must abide by.
How to Record Calls on an iPhone | suebinhosista.tk
If your customers know that your business will respect their privacy they are more likely to do business with you. Photo by rawpixel on Unsplash. PIPEDA is a Canadian law relating to data privacy that was brought into action in the year in order to govern how the private sector collects, uses and discloses personal information during the course of personal business. Photo by Alex Kotliarskyi on Unsplash.
These provinces have their own private sector laws. But even in those provinces, PIPEDA still covers federally regulated industries such as transportation, telecommunications and banking. Though these regulations are to be followed through on almost every case, there are some cases where consent is not necessary under PIPEDA.
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This would include cases such as:. Ensure that the individual is informed that the conversation is being recorded at the beginning of the call.
Is it legal to secretly record phone calls like Jody Wilson-Raybould did? What you need to know
The individual must be told about the purposes of the recording. The organization must be clear about the purposes; be specific and state all purposes for the recording. There are a number of ways you can inform the individual of the purposes for the recording — verbally, by pressing a number on the keypad in the case of automated messages or with clear messages on monthly statements For example: If you have any questions about your bill please call XXX-XXXX.
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Although the laws in those 11 states are sometimes called two-party laws, they actually mandate that all parties must give their permission before a conversation can be recorded. Therefore, Vermont would be treated as a one-party state based on federal law. Federal law requires one-party consent, enabling you to record a conversation in person or over the phone, but only if you are participating in the conversation.
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If you are not part of the conversation but you are recording it, then you are engaging in illegal eavesdropping or wiretapping. Some states require consent to be explicitly stated, Justia.
For instance, Nevada has a one-party consent law on the books, according to Justia. In Maryland, all parties must consent to recording conversations, whether in person or over the phone, Justia. Given the inconsistencies among state and federal laws, Justia.
Federal and State Recording Laws
OK, so what are the consequences if you break one of these laws, no matter whether it involves one-party or two-party consent? As a general rule, you could be charged with a crime, slapped with a lawsuit or both.
In some cases, you could be charged with a more serious felony rather than a less serious misdemeanor. Therefore, you and everyone else engaged in the conversation should speak clearly. If you have to remind someone to speak clearly, then do so — politely. Wait till after the call to eat your lunch.
How to Record Calls on Your Smartphone
Since we are lawyers, we pay the same close attention to the ethical rules as our clients do. The one-party states fall into four categories. Of course, the same problem as avoiding a two-party state applies: a person sitting in Dallas calls a Houston number with the tape rolling, but the Houston number is answering the call in Orlando. Potential problem. Surreptitious recording is unethical except in certain circumstances in New York, Virginia, Colorado, Kentucky, Indiana and a few other states.
Surreptitious recording is evaluated on a case-by-case basis in Arizona, Michigan and Wisconsin. Some states have no position on surreptitious recording.