[VoiceOps] Call Recording Laws in the US

Mark R Lindsey lindsey at e-c-group.com
Mon Jan 25 09:29:46 EST 2010


David -- Your approach seems interesting and safe, but I think the  
challenge is building a useful product around restrictions like this.

Which of your customers wants to say, "Is it OK if I record this  
call?" It's almost like saying, "I don't trust that you're going to  
keep to your word, so I'm going to record this call as evidence for  
the lawsuit."

"Call recording" just seems so slimy. It brings up thoughts of White  
House recordings and FBI wiretaps.

But in reality, recording the call can be a useful way to get accurate  
notes from a call. I just really doubt that many ordinary folks --  
accountants, doctors, lawyers, architects, car dealers, real-estate  
agents, salesmen, bankers -- are going to have the guts to get  
permissions from their customers, or their colleagues, or their  
suppliers.



-- All opinion, not to be confused with factual data.



On Jan 25, 2010, at 8:36 AM, David Sarvai wrote:

> As an ITSP, we recently rolled out a call recording solution in
> conjunction with our soft switch.  Our "product" and agreements puts  
> all
> legal responsibility on our customer.
>
> The customer must ensure both parties know the call is being recorded
> and acquire consent.  Using this standard, it doesn't matter which  
> state
> the call originates or terminates.
>
> As for the ITSP's responsibilities, we must ensure our total  
> solution is
> capable of providing the required auto-disclaimer on inbound calls and
> the flexibility to not record outbound calls (unless the customer  
> reads
> the disclaimer on every outbound call too).
>
> Provided the customer is educated on how to properly use the system,
> knowing when and which calls are recorded, there should be no legal
> problem.  Any user not wishing to consent can simply hang up.
>
>
> David M. Sarvai
> Director of Engineering
> DSCI Corporation
> 1 Sundial Ave.
> Suite 514
> Manchester, NH 03103
> Voice:  781-861-4678
> CELL:   781-254-3053
> FAX:    781-861-4675
> Customer Care: 1-877-344-7441
> _______________________________________________
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mark r lindsey at e-c-group.com http://e-c-group.com/~lindsey +12293160013







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