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Legalities of phone call recording? (7)

04-18-2015 12:18 PM #1 turqoise (Banned)
Legalities of phone call recording?

Could publishers get into any legal trouble for recording phone calls to assess call center quality?

04-18-2015 12:22 PM #2 cmdeal (Veteran Member)

Yes. In many countries and states you need either disclosure or informed consent.

04-18-2015 02:03 PM #3 turqoise (Banned)

For USA, from wiki.

Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. §2511(2)(d)). For example, it would be illegal to record, without notification, the phone calls of people who come into a place of business and ask to use the telephone. Several states require that all parties consent when one party wants to record a telephone conversation.

States that require all-party consent:

Some states currently require that all parties consent to the recording: California,[18] Connecticut,[19] Florida[20] Hawaii (in general a one-party state, but requires two-party consent if the recording device is installed in a private place),[19] Illinois (debated, see next section), Maryland,[21] Massachusetts,[19] Montana[22] (requires notification only), New Hampshire,[23] Pennsylvania,[24] and Washington.[25]

So basically from what I gather, from a legal POV this means:
-If the call comes in from any of the above mentioned States you need to 1) have a custom IVR setup that notifies that you're recording the call; and 2) notify the advertiser (offer owner) that you're recording the calls
-If the call comes in from the rest of the States you need to have a custom IVR setup that notifies that you're recording the call

Please correct me if I'm wrong

Also if anyone has real-life experience regarding this or know of any cases where the ppcall advertiser sued for recording calls.

04-18-2015 07:25 PM #4 jennatalia (AMC Alumnus)

<sarcasm>
As long as you're only collecting the metadata, you should be fine. See NSA.
</sarcasm>

04-19-2015 09:03 AM #5 turqoise (Banned)

So basically if I would be confronted for recording calls I'd just say that all I was interested in was metadata and I never listened to any of the clips?

04-19-2015 09:25 AM #6 jennatalia (AMC Alumnus)

You say you don't have recorded call information. Just the metadata

04-19-2015 10:18 AM #7 turqoise (Banned)

well yea, no real way for them to know that I recorded the call unless I go and tell them that "hey.. your call reps suck..how do I know? I recorded the calls and listened in"

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