Legal issues with recording telephone conversations Print

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The WholesalePBX system has the capability of recording telephone conversations. There are many federal and state laws that govern this, and you are strongly encouraged to review these laws and ensure you are in compliance. WholesalePBX assumes no responsibility for any misinterpretation, lack of understanding, or lack of knowledge regarding the use of such recordings, whether legal or illegal.?We are not providing legal advice nor do we guarantee this information is accurate. Consult your attorney for information in your specific case.

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In most states, the consent of one party to the conversation is required. However there are several states, including California and Florida, that require all parties on the call must be notified and/or give consent. The Reporters Committee for Freedom of the Press has an excellent guide available that goes into more detail on the laws in individual states and for interstate calls. This guide is available at http://www.rcfp.org/can-we-tape

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An exception called the Business Extension Exception exists which allows certain recording arrangements when made in the "ordinary course of business." Some information about this exception is available at?http://www.psh.com/content318

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If you are using an auto attendant to answer calls, consider adding a phrase such as "calls may be monitored or recorded" to your greeting. ?In addition, make sure your employees also know their calls may be monitored or recorded.


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