Call Recording and the Law

The current legal landscape for call recording consists of numerous state and federal laws, along with industry mandates. These rules and regulations have been written primarily to protect individual rights to privacy and to protect individuals and businesses from fraud and abuse.

It is useful for contact center managers, among others, to have a common resource that offers useful guidance on best practices necessary to achieve and maintain both compliance and verification. “Call Recording and the Law” , compliments of HigherGround, is based on public information, including the original acts, congressional amendments, FCC decisions, and state legislation. This compendium is intended to be a useful resource but does not constitute legal advice.

HigherGround has attempted to address the laws and other requirements that we believe impact the largest number of contact centers. These include:

• Consent-to-Record Laws
• Telemarketing Sales Rule
• Truth-in-Lending Act
• Fair Debt Collection Practices Act
• Verification and eDiscovery
• Payment Card Industry Compliance
• Privacy Rule – Heath Insurance Portability and Accountability Act (HIPAA)
• Public Company Accounting Reform and Investor Protection Act (Sarbanes-Oxley)

There are hundreds of state and federal statutes covering privacy rights, banking, commerce, and labor with which contact centers must be compliant and/or familiar. Large public companies will likely have compliance officers who can provide this type of guidance. In smaller companies, however, you should have access to internal staff attorneys or outside counsel who are current on these issues.

This document, Call Recording and the Law will give you  a working knowledge of the laws that most directly effect contact center operations. This summary, based on extensive research, is meant to be a useful guide. In general, this paper addresses federal legislation. Federal laws apply to interstate commerce. States typically enact their own legislation, modeled after the federal statutes, to ensure compliance for intrastate commerce. State laws can be more stringent than the federal laws.

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