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Do I have to tell receptionist or gatekeeper when calling on a recorded line in two party consent state?

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The company is based in a two party consent state for recording conversations. Our telephony system automatically records ALL calls and requires employees to inform all parties that they are calling "on a recorded line". However, upon review, about 30% of the outbound calls made will start with a receptionist or gatekeeper, who then transfers the caller to the person they're calling for. And then, at that time, they inform the person they are calling that the call is being recorded.

The conversation generally goes something like this:

* Ring Ring*

Caller: "Hi, I'm calling for Dave Smith."

Receptionist: "Please hold while I transfer you."

Dave: "Hello, this is Dave."

Caller: "Hi Dave, This is Joe Johnson, with ABC Company, calling on a recorded line. How are you today?"

My question is, does the caller need to introduce themselves to the receptionist the same way they introduce themselves to Dave? In other words, do employees need to inform the first person that answers the phone that the call is being recorded?

We set our system to record all calls automatically right from the beginning. Otherwise, employees tend to "forget" to inform and/or initiate the recording once the call starts.

Thanks for your help!
 


Just Blue

Senior Member
The company is based in a two party consent state for recording conversations. Our telephony system automatically records ALL calls and requires employees to inform all parties that they are calling "on a recorded line". However, upon review, about 30% of the outbound calls made will start with a receptionist or gatekeeper, who then transfers the caller to the person they're calling for. And then, at that time, they inform the person they are calling that the call is being recorded.

The conversation generally goes something like this:

* Ring Ring*

Caller: "Hi, I'm calling for Dave Smith."

Receptionist: "Please hold while I transfer you."

Dave: "Hello, this is Dave."

Caller: "Hi Dave, This is Joe Johnson, with ABC Company, calling on a recorded line. How are you today?"

My question is, does the caller need to introduce themselves to the receptionist the same way they introduce themselves to Dave? In other words, do employees need to inform the first person that answers the phone that the call is being recorded?

We set our system to record all calls automatically right from the beginning. Otherwise, employees tend to "forget" to inform and/or initiate the recording once the call starts.

Thanks for your help!
What state?
 

Zigner

Senior Member, Non-Attorney
The company is based in a two party consent state for recording conversations. Our telephony system automatically records ALL calls and requires employees to inform all parties that they are calling "on a recorded line". However, upon review, about 30% of the outbound calls made will start with a receptionist or gatekeeper, who then transfers the caller to the person they're calling for. And then, at that time, they inform the person they are calling that the call is being recorded.

The conversation generally goes something like this:

* Ring Ring*

Caller: "Hi, I'm calling for Dave Smith."

Receptionist: "Please hold while I transfer you."

Dave: "Hello, this is Dave."

Caller: "Hi Dave, This is Joe Johnson, with ABC Company, calling on a recorded line. How are you today?"

My question is, does the caller need to introduce themselves to the receptionist the same way they introduce themselves to Dave? In other words, do employees need to inform the first person that answers the phone that the call is being recorded?

We set our system to record all calls automatically right from the beginning. Otherwise, employees tend to "forget" to inform and/or initiate the recording once the call starts.

Thanks for your help!
A minor change to your outbound calls would seem to solve your concern:

* Ring Ring*

Caller: "Hi, I'm calling on a recorded line for Dave Smith."
 
Then repeat it when Dave Smith comes on the line.

I understand. The problem, you could say, is that these calls are being made by sales reps. Their general reason for not saying that they're on a recorded line to the receptionist is because they don't want to get hung up on or blocked from being transferred to the contact they're trying to reach. I was wondering if legally, there is any specific reference or precedent to whether a person who is transfering the call needs to be informed that the six words they said are/were recorded "please hold while I transfer you."

As of now, I've told them they need to tell EVERYONE that they are calling "on a recorded line" but there's been quite a few exceptions where receptionists were not informed.
 

adjusterjack

Senior Member

Zigner

Senior Member, Non-Attorney
I understand. The problem, you could say, is that these calls are being made by sales reps. Their general reason for not saying that they're on a recorded line to the receptionist is because they don't want to get hung up on or blocked from being transferred to the contact they're trying to reach. I was wondering if legally, there is any specific reference or precedent to whether a person who is transfering the call needs to be informed that the six words they said are/were recorded "please hold while I transfer you."

As of now, I've told them they need to tell EVERYONE that they are calling "on a recorded line" but there's been quite a few exceptions where receptionists were not informed.
If you were wise, you would be quick to terminate any employee who neglected to obey this law.
 

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