Call Recording and its law?
We have a business telephone system in New York. We provide remote services to companies and regular users requiring someone to do something that they can’t do (it has to do with Linux programming).
Anyways, this has not happened yet, but I want to prepare for it in case it does happen. If a calling party refuses to send a check or disputes a credit card payment to us, we need to provide evidence that they were aware of our service charges and the only effective way to do this is by recording calls. Our phone system has a call recording option, so that’s not the problem. But what would be the law regarding this?
Before our automated attendant announces the options, should I have someone say “calls are recorded for proof of conversation”? (and if the answer is yes, can you please give me a more professional way of saying this?)
If this isn’t necessary, I can just record calls without their consent?
Thanks
Recording a conversation could get you in legal hot water. But the Criminal Code is not the final word from a privacy standpoint.
If a party recording a telephone call is doing so in the course of a commercial activity, then the relevant private sector privacy law will be applicable. US privacy ACTS generally require businesses to obtain the consent of customers before recording telephone calls.
This is why many telephone customer support services disclose to you at the beginning of calls that they are, in fact, recording.
Good luck!
Small Business Phone Systems and Microsoft Response Point
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