Digital media law - wiretapping question

[jpri]

I own a referral business that connects consumers with plumbers. When someone calls a phone number that I own, it connects them with a plumber. Although I own the phone lines that the conversations are taking place on, no employee of mine is a party on the line; only the caller and the plumbing company are the parties. I must record every call for dispute and billing purposes as I charge the plumbers on a per call basis. If a call between the caller and the plumbing company was invaluable to the plumbing company, I cannot charge the plumbing company. My question is about acceptable notification of the call recording. All plumbing companies sign a formal "Terms of Service" agreement that notifies them of call recordings, so I know they are covered, but the actual caller is only notified through the "Terms and Conditions" on my website that they visited before calling to speak to a plumber. Is the notification in the Terms and Conditions on the website sufficient to notify the caller?

 

[quincy]

I own a referral business that connects consumers with plumbers. When someone calls a phone number that I own, it connects them with a plumber. Although I own the phone lines that the conversations are taking place on, no employee of mine is a party on the line; only the caller and the plumbing company are the parties. I must record every call for dispute and billing purposes as I charge the plumbers on a per call basis. If a call between the caller and the plumbing company was invaluable to the plumbing company, I cannot charge the plumbing company. My question is about acceptable notification of the call recording. All plumbing companies sign a formal "Terms of Service" agreement that notifies them of call recordings, so I know they are covered, but the actual caller is only notified through the "Terms and Conditions" on my website that they visited before calling to speak to a plumber. Is the notification in the Terms and Conditions on the website sufficient to notify the caller?

Are you located in the U.S., jpri? If so, what state are you located in? If not, what country are you located in?

 

[jpri]

Are you located in the U.S., jpri? If so, what state are you located in? If not, what country are you located in?

Hi quincy,

I am located in the US, in Rhode Island, but calls are all over the country as my service is national.

 

[quincy]

Thank you for providing your state name, jpri.

Your question is not a real easy one to answer. Because your business is nationwide, you have 50 different states with different laws to consider, and you have federal recording laws. Whether a terms and conditions agreement located on a website would be considered sufficient consent to the recording of later phone calls is something that I can't tell you. I think it could be argued that it isn't.

Following are some links to information on recording laws that can perhaps guide you - but I recommend you discuss your particular business with an attorney in your area to better ensure that your business operation will not inadvertently violate any recording laws.

From the Digital Media Law Project, "Practical Tips for Recording Phone Calls, Conversations, Meeting, and Hearings" (http://www.dmlp.org/legal-guide/practical-tips-recording-phone-calls-conversations-meetings-and-hearings):
"The best way to document that you have obtained consent is to record the consent along with the phone call or conversation."

From the Digital Media Law Project, a legal guide to recording phone calls and conversations, (http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations): "Regardless of whether state or federal law governs the situation, it is almost always illegal to record a phone call or private conversation to which you are not a party, do not have consent from at least one party, and could not naturally overhear."

18 U.S. Code §2511: http://www.law.cornell.edu/uscode/text/18/2511

From the Reporters Committee for Freedom of the Press, "The FCC's role" (http://www.rcfp.org/reporters-recording-guide): "The FCC requires that an individual notify the other parties to a call before using a tape recorder in an interstate call. The rule requires that the individual either get consent from all parties before making the call, notify the participants at the beginning of the recording, or use a 'beep tone' that is repeated regularly throughout the call."

You can click on the different "Reporters Recording Guide" topics on the left hand side of the Reporters Committee for Freedom of the Press page for additional information. There is, for example, a state-by-state guide to recording laws.

Again, although I understand that you will be getting consent from the plumbers and the customers through a terms and conditions agreement, I am not sure that this will protect you from potential legal actions should someone object to the recording, so I think this is something you will need to review carefully with an attorney in your area. I recommend that you have phone notifications of the recordings for each call (with oral consent given to the recordings), though, because I believe that will be legally safest for you.

 

[Just Blue]

I own a referral business that connects consumers with plumbers. When someone calls a phone number that I own, it connects them with a plumber. Although I own the phone lines that the conversations are taking place on, no employee of mine is a party on the line; only the caller and the plumbing company are the parties. I must record every call for dispute and billing purposes as I charge the plumbers on a per call basis. If a call between the caller and the plumbing company was invaluable to the plumbing company, I cannot charge the plumbing company. My question is about acceptable notification of the call recording. All plumbing companies sign a formal "Terms of Service" agreement that notifies them of call recordings, so I know they are covered, but the actual caller is only notified through the "Terms and Conditions" on my website that they visited before calling to speak to a plumber. Is the notification in the Terms and Conditions on the website sufficient to notify the caller?

No. It is not.

ETA...Never mind. Quincy has it covered.

 

[quincy]

No. It is not.

ETA...Never mind. Quincy has it covered.

You said that in far fewer words than I did, though, Blue.

I see problems with parties agreeing in advance of any phone call to the recording of all phone conversations. It seems a simple task to get oral consent at the start of each call to ensure the legality.

 

[Just Blue]

You said that in far fewer words than I did, though, Blue.

I see problems with parties agreeing in advance of any phone call to the recording of all phone conversations. It seems a simple task to get oral consent at the start of each call to ensure the legality.

I agree. As this if a Federal issue OP really need to follow Federal Law.

 

[quincy]

I agree. As this if a Federal issue OP really need to follow Federal Law.

Well, following federal laws will not necessarily be enough, although they need to be followed.

State laws need to be considered because they are often more restrictive than federal laws.

Federal law, for example, only requires the consent of one party to a conversation for a recording to be legal. Many states require the consent of all parties to the conversation. Federal law does not (necessarily) supersede these state statutes.

Whenever you have more than one state involved, you should always work under the laws that are most restrictive.

 

[Just Blue]

Well, following federal laws will not necessarily be enough, although they need to be followed.

State laws need to be considered because they are often more restrictive than federal laws.

Federal law, for example, only requires the consent of one party to a conversation for a recording to be legal. Many states require the consent of all parties to the conversation. Federal law does not (necessarily) supersede these state statutes.

Whenever you have more than one state involved, you should always work under the laws that are most restrictive.

Excellent point Quincy!!

 

[quincy]

Excellent point Quincy!!

Thank you very much, Blue. Excellence is exactly what I was going for.





(I cleared out some private message space, by the way)