Call tracking (particularly recording or monitoring phone calls) is not illegal in the United States, but it must be done with certain considerations. Federal legislation and a vast majority of states follow the “one-party consent” rule.
However, other states have stricter rules that demand “two-party consent” or “all-party consent,” which means that all participants in the conversation must agree to the recording. Which are these states, and what are the specific rules surrounding call recording and tracking? Let’s drill down into these details and see how call centers, marketing agencies, and other businesses can leverage a call track software or tool while staying on the right side of the law.
States Following the “One-Party Consent” Rule
U.S. federal law mandates that at least one party consent to call recording in a telephonic conversation. This law for call recording allows a person to record a conversation without informing the other participants. This ‘one-party’ law applies to 38 states, including the District of Columbia, which explicitly states that only one person’s consent is required for the recording to be legal and admissible in court. The state of Vermont, which has no state-level legislation for consent, also follows the federal rule and follows the one-party rule.
While many people might think this rule is unfair, it does give businesses the benefit of recording their phone conversations with clients and customers for the purposes of quality assurance and staff training. But there’s a caveat to this: the calls must be made from company-provided phones and should strictly be used for business purposes.
States Following the “Two-Party Consent” Rule
In the remaining eleven US states, the rule for recording phone calls requires all parties to be aware of the recording.
Suppose three people are participating in a business conference call that is being recorded. Only two of the three parties know about the call recording. If the third uninformed party finds out about the recording later, they may question its legality.
This “two-party” or “all-party” rule requires everyone to not only know about the recording but also give their explicit consent. If businesses fail to do so, they could face serious repercussions.
What Happens When You Don’t Comply with Call Recording Laws?
The way consent is obtained varies across states. In some, it might need to be given explicitly (verbally or in writing), while in others, it can be implicit. No matter the state your business operates in, consent is important.
If either of these rules is breached, your business could end up with legal difficulties. The company could be charged with criminal activity for unlawful recording practices and even be slapped with a hefty fine. To ensure there’s no such trouble, it’s necessary to follow some rules for legally recording all calls.
Legally Recording Phone Calls
It’s common practice for businesses to record calls to assess call quality and save important details from conversations. However, while meeting these requirements, staying within the bounds of the law is important. Here are some best practices to ensure that all calls are recorded in a legally compliant manner:
- Be aware of your state laws and do what’s needed. If your state follows the one-party rule, make sure you are at least a party to the conversation. Contrarily, if you live in Florida, Pennsylvania, or Illinois, be open and honest with the other party about the recording and get their consent.
- Employ notification systems like audible beeps and pre-recorded messages to alert the other participants about the call recording. Beeps keep them informed throughout the call, while pre-recorded messages inform them before the call starts.
- Record the obtained consent in writing. If you receive it before or after a call starts, note it down immediately after the call. If the consent is shared via email or text, save these receipts where you log such details.
- It’s also important to stay current on call recording laws and ensure your company’s call tracking policies reflect them.
Note: In a scenario where a call is being recorded between parties across states (one with a one-party rule like New Jersey and the other with a two-party rule like Pennsylvania), both parties will defer to the federal law. However, it’s recommended that consent be obtained from all parties.
Exceptional Cases for Call Recordings
Calls are mostly tracked and recorded to save interviews, conference minutes, and client meetings, and consent must be obtained for all. However, there are some exceptions to the general call recording laws.
For instance, law enforcement agencies may use call recordings during investigations, which are governed by strict protocols. Similarly, emergency services like 911 may record calls for public safety and service improvement purposes without getting prior consent.
Calls made for public interest initiatives may also be recorded without consent; this is done in accordance with stringent guidelines on how these recordings must be used.
So, Can You Track Phone Calls: Final Thoughts
Yes, but it’s important to abide by the law of the state in which your company operates. Stay updated on the current legal requirements and ensure you follow the best practices shared in this post.
Also Read: How to Monitor Your Child’s Phone Without Them Knowing (Legally & Safely)
