Can I legally record a sales call without goin to jail ?

[legalshmigel]

What is the name of your state (only U.S. law)? Pennsylvania

Hello, I am not sure if this is the correct section for this question. Please feel free to advice where to move the question if I am in the wrong thread.

I live in Pennsylvania and I would like to record a sales call of a prospect and then publish a recording with myself annotating the sale on my public website and client membership area. My intent is to educate my visitors and clients on how to properly guide someone from the open to the close of a sale.

I understand that there is “two-party consent” law in PA. My question is as follows:
If I am in Pennsylvania and they are in a state that doesn’t have the “two party consent” law do I still need to get their permission to publish the recording on my website and do I need to get their permission to make the recording? I am the one on the call. Some states only require a 1 persons consent. Does it matter where I am located or does the law for “two-party consent” depend on the customers(the person I am calling) state only?
So, if they are in a state where “two party consent” is not required then I am legally safe. Is that accurate? I am in PA as previously mentioned. I am worried that just because I am in PA that I am automatically required to get their consent even if they(the person I am selling to) is not in the state has that requirement “2 party consent” law.
2) If I start the conversation with
“This call is recorded for quality and educational purpose,” is that enough to do what I want (publish the recording online)?” Assuming that they say “yes”, can I publish the recording on my website? Do I need to legally ask them if I can do the action of actually publishing this online?
3) Some calls I do are called “live dials” and I know that they will be published while others are not live, but prerecorded and then I choose the best from a pool and published those. Can I start the conversion with “This call may be” not “will be” recorded.
4) No personal information outside their first name and possibly phone number/email will be published. I will bleep out email and phone if it’s illegal to publish that. Would there be legal issues around having their phone number and possibly email on the recording? I will change my call script to make sure their phone number or email address is not on the call when I speak with them, but I will need to setup a bleep button to make sure nothing slips past on the live dials if I am legally required to bleep out phone number / email.
5)If the law for “two-party-consent” is enforced based on where I am located(The caller) then can I get around the law by having my business registered outside of Pennsylvania and my phone number being outside of Pennsylvania (still physically living in Pennsylvania) or is moving to another state my only option ? I need to know if the law is based on the person I am calling or the caller(me).
I can easily call people only in states that don’t have the 2 consent law, but I need a confirmation that this enough or is moving my only option.

Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? Pennsylvania

Hello, I am not sure if this is the correct section for this question. Please feel free to advice where to move the question if I am in the wrong thread.

I live in Pennsylvania and I would like to record a sales call of a prospect and then publish a recording with myself annotating the sale on my public website and client membership area. My intent is to educate my visitors and clients on how to properly guide someone from the open to the close of a sale.

I understand that there is “two-party consent” law in PA. My question is as follows:
If I am in Pennsylvania and they are in a state that doesn’t have the “two party consent” law do I still need to get their permission to publish the recording on my website and do I need to get their permission to make the recording? I am the one on the call. Some states only require a 1 persons consent. Does it matter where I am located or does the law for “two-party consent” depend on the customers(the person I am calling) state only?
So, if they are in a state where “two party consent” is not required then I am legally safe. Is that accurate? I am in PA as previously mentioned. I am worried that just because I am in PA that I am automatically required to get their consent even if they(the person I am selling to) is not in the state has that requirement “2 party consent” law.
2) If I start the conversation with
“This call is recorded for quality and educational purpose,” is that enough to do what I want (publish the recording online)?” Assuming that they say “yes”, can I publish the recording on my website? Do I need to legally ask them if I can do the action of actually publishing this online?
3) Some calls I do are called “live dials” and I know that they will be published while others are not live, but prerecorded and then I choose the best from a pool and published those. Can I start the conversion with “This call may be” not “will be” recorded.
4) No personal information outside their first name and possibly phone number/email will be published. I will bleep out email and phone if it’s illegal to publish that. Would there be legal issues around having their phone number and possibly email on the recording? I will change my call script to make sure their phone number or email address is not on the call when I speak with them, but I will need to setup a bleep button to make sure nothing slips past on the live dials if I am legally required to bleep out phone number / email.
5)If the law for “two-party-consent” is enforced based on where I am located(The caller) then can I get around the law by having my business registered outside of Pennsylvania and my phone number being outside of Pennsylvania (still physically living in Pennsylvania) or is moving to another state my only option ? I need to know if the law is based on the person I am calling or the caller(me).
I can easily call people only in states that don’t have the 2 consent law, but I need a confirmation that this enough or is moving my only option.

Thank you.

You would be smart to get consent from all callers before recording and you would be smart to get consent from all callers before publishing any recorded conversations, this to best avoid legal actions being taken against you.

Here are links to the Digital Media Law Project's information on recording phone calls and conversations (includes both federal and state laws) and on the risks associated with publication:

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

http://www.dmlp.org/legal-guide/risks-associated-publication

 

[FlyingRon]

I agree with Quincy.

First off, to answer your question. It matters not where the other parties are. The fact that YOU are in Pennsylvania means you are obliged to get consent from ALL parties to the conversation.
Pennsylvania extends it's communications law statutes the entire conversation as long as ANY party is in the Commonwealth.

It behooves you even in a one party state to get consent. The general "This call may be monitored and recorded" probably suffices for many trivial calls (phone orders, reservations, etc...).
For more confidential communications getting a specific affirmation from the parties that they consent to the recording is well advised.

 

[legalshmigel]

ok

Thank you for the reply:

If I have the general "This call may be monitored and recorded" before the call, can I publish the recording online ? Do I need to get their permission to actually make it public ? Note: I am in PA.

here is an example of a live dial (https://www.youtube.com/watch?v=BRL-0lEHiGQ) he does the recording live and there are no personal information outside the First name.

Note: I am not affiliated with the above person or youtube channel in any way shape or form. Just an example:

I agree with Quincy.

First off, to answer your question. It matters not where the other parties are. The fact that YOU are in Pennsylvania means you are obliged to get consent from ALL parties to the conversation.
Pennsylvania extends it's communications law statutes the entire conversation as long as ANY party is in the Commonwealth.

It behooves you even in a one party state to get consent. The general "This call may be monitored and recorded" probably suffices for many trivial calls (phone orders, reservations, etc...).
For more confidential communications getting a specific affirmation from the parties that they consent to the recording is well advised.

 

[single317dad]

https://www.youtube.com/[redacted]

Did they really use telephone and speakerphone audio to make a sales pitch?

To address the question at hand, I would not use a recorded conversation in any public form without all participants' signed consent.

 

[STEPHAN]

If this is for trainig purposes (I hope I understood correctly), why do you not just record made up calls with a friend?

 

[cbg]

May I ask why it is so critical that the other participant be unaware that they are being recorded?

You could accomplish the same purpose, much more easily and accurately, with a scripted call.

 

[quincy]

Thank you for the reply:

If I have the general "This call may be monitored and recorded" before the call, can I publish the recording online ? Do I need to get their permission to actually make it public ? Note: I am in PA.

here is an example of a live dial (https://www.youtube.com/watch?v=BRL-0lEHiGQ) he does the recording live and there are no personal information outside the First name.

Note: I am not affiliated with the above person or youtube channel in any way shape or form. Just an example:

The general "this call may be monitored and recorded" does not include your proposed publication online so, no, that alone is not enough.

I agree with the others. You would want to get consent for both the recording of the call and consent for the online publication of the call, and you will need to further inform all of those called that you are recording them live.

Your "live dials" can be especially problematic. Once you let someone know you are recording their call live, you may find there is more to bleep out than personal identifying information.

There are FAR better ways to educate others on how to make sales calls and these ways will not make you vulnerable to legal actions.