It is important to know the meaning of some terms before proceeding.
Wiretapping is a covert means of intercepting, monitoring and recording conversations between individuals. Wiretapping is electronic wiretapping by eavesdropping on a conversation with a covert wiretapping device connected to a transmission line. (in other words, your cell phone is connected to a cellular network)
When can you legally record a conversation in Florida?
Florida is one of the few states that prohibits the recording of private conversations in general, except in certain circumstances. The reason for this is to protect people’s personal rights. However, there are some legal exceptions:
- All parties agree. Recording is allowed if you obtain the consent of all parties involved in the conversation in advance.
- Purpose of compliance with the law. This exception applies when (1) someone is acting for investigative or prosecution purposes and (2) that person is involved in the conversation or either party has consented.
- Protection of minors. Oral communication that involves an “unlawful sexual act or unlawful use of physical force against a child” can be legally recorded. However, the child must be part of the communication.
- Public discussions. Recordings of public speeches and conversations in public spaces are legal because the parties do not have a reasonable expectation of privacy under the circumstances.
Why do companies record phone calls?
Technological advances, particularly in communications technology, have made it much easier and more common for businesses to record telephone conversations, particularly for those who have regular and direct contact with members of the public. The reasons for this vary, according to GetVoIP, the digital communications software auditor.
Companies with customer service departments or companies that provide telephone customer service often record telephone conversations to monitor their performance and train representatives. Most national customer service providers automatically announce that the call will be monitored and recorded for these purposes before the live agent answers.
Recording Interstate Conversations
Well, what if you’re in a state with one party’s consent, like New Jersey, and you’re recording a phone conversation, but the person on the other end of that Telephone is a two-party consent state, like Pennsylvania?
“A good rule of thumb is that the law of the jurisdiction where the recording device is located applies,” says Matthiesen Wickert & Lehrer.
What are the penalties for violating call recording compliance laws?
If you are caught illegally recording a telephone conversation, you risk prosecution. In the US in particular, anyone violating call-recording laws can face jail time or hefty fines. If in doubt, we advise you to be careful and inform everyone you are talking to that the conversation will be recorded. State the intent or purpose of the recording, and if you want to completely avoid any risk, provide the caller with a way to provide consent. At least give them time to decline the call if they don’t want to be recorded and monitored.
“A good solution for businesses is to simply have a recorded message, ‘this call may be recorded to ensure quality customer service’, outreach.”