Recording Consent Laws – What to Know

One of the questions we get often is about the legality of recording conference calls. Recent events have raised the question of when is it legal to record a call and, most important, how do you know?

There are two kinds of recording laws – one party and all party consent.

One party consent means there must be at least one person being recorded to agree and everyone else does not need to be notified. Generally speaking this means that a person can record their own phone calls without letting the other person know about the recording.

All party consent means exactly what it sounds like – if you're going to record a conference call or meeting, you must have the consent of anyone who is in attendance. References to two-party consent makes an assumption that there are only two people on the conference, but be advised if you're in a state that is referred to as two-party, and you have three people on the conference, everyone must know about the recording.

Most states have adopted the federal policy of one-party consent, but there are a number of states that require all party consent (California being one of them) and I came across this recording resource for journalists that break down the requirements by state.

Federal law prohibits recording any conversation outside of one-party consent. So if you had an idea of setting up a microphone to hear what people are saying about you – think again, it's not legal.

For conference calls that cross state lines, I want to issue a word of caution here. The law isn't really clear on this one. You are in Michigan, and you call into our conference lines (which are in Georgia), and are joined by people around the United States for a call. Some court cases have suggested that because the call crosses state lines these become federal jurisdiction and the one-party consent statute would apply. The best rule of thumb is to treat any conferences that involve parties from multiple states as “all-party” consent.

So where does the Federal Communications Commission come in? FCC rules state that you can gain consent in a few different ways: gain verbal consent from the parties involved, play a "beep" at various intervals, or announce that the call is being recorded at the beginning. If you've ever had an operator assisted call with us, you know that we always announce that calls are being recorded and it's to ensure that both your call and our company adhere to FCC regulations.

There are limited exceptions to state consent laws – like on conferences with investors, recording is mandatory. When legal warrants are in play for wiretapping, no one has to be notified that calls are being recorded by law enforcement.

While it’s always a great idea to record your conferences, we want to make sure you understand that there are varying laws out there on when you have to disclose. If you need to turn on recording announcements, you can do that through your customer account or give us a call and let us walk you through that.

Disclaimer:This blog post is not meant to give legal advice, but rather to inform you of the different laws that exist in regards to recording consent.

How to Download Recordings

There are a few ways to download your audio conference recordings from AccuConference. For no charge, you can record your conference calls and they will be available on your customer account to download for thirty days. One of the things we get asked about is how to download the recordings from the customer account. Not just where they can be found but actually where do they go once you click on them.

There are a few ways you can download our recording files (or most files) from a website. Here’s how you get your conference recordings from our site.

Click directly on “Save”

When you click directly on “Save” the file will go to your “Downloads” folder on your computer. This is a special file designated by your preferred web browser to store any of the things you get from different websites.

When you download a recording directly from our website by clicking on “Save” the file will usually go into that folder. It might pop up on a bar at the bottom of your browser and you can double click and play the file or click and drag it to your desktop to save it there.

Right Click and Select “Save Link As” from the Pop Up Menu

This method allows you to save the file in a specific location, rather than having it go directly into your “Downloads” folder on your computer.

After you click on “Save Link As”, you will be able to choose a folder or location on your computer. You can create a folder on your desktop for your conference recordings or save them directly to a shared drive and make them available for all of your co-workers.

Recording your conference calls is a great way to keep everyone accountable and once you have the file on your computer, they are yours forever. You can use them for podcasts, put them on your website, or have them transcribed to meet any disclosure requirements. What will you do with your conference recordings?

Using a Reservationless Conference Call

What does a "reservationless" conference call mean? It sounds like a really complicated technical term, but it’s very simple. With a reservationless call, you can have this call any time. You don’t need to contact us and let us know you’re having it, when you need the conference, it is yours – always available.

This means that there is absolutely no scheduling of your call needed or required, and the conference information you received will always work. For most of our customers, this is a perfect solution for their needs.

A lot of customers use multiple conference rooms that are reservationless for different purposes.

Billing

Easily manage billing by assigning a reservationless conference line for each person. On the invoice you can see all of the usage by the conference name. This is a solution I see working great in law offices where attorneys need to be able to bill clients individually for the time on the conferences. Since we track the billing by date and time, it's easy to compile charges for each client and attorney working in an office.

Security

With each person having access to their own conference line, they can manage the security of their calls in their own way. Maybe you want to have a new PIN for each conference but your co-worker doesn’t mind using the same information over and over. By setting up a conference for each person, they can have the ability to log in and manage the settings the way they want them.

No More Internal Scheduling

I talked to a customer a while back who had a book on her desk where people would come "sign out" certain dates and times to use their one conference line. When I told her we could just set up reservationless lines for everyone it was a relief because she didn't have to worry about overlapping calls anymore. Now there was less for her to do and everything could go a lot smoother.

Our goal with these kinds of conferences is to make it easier for your manage and conduct your meetings. After all, what is simpler than doing nothing?

Voting on Conference Calls

Conference calls are held for a number of reasons. Using conference services for board meetings is incredibly popular and sometimes, you need to hold a vote on these kinds of calls. The difference is that you can’t just ask for a “show of hands”. Now you need a way to take votes in an orderly manner on your conference call. Here are some of the unique ways we have observed our customers using our conference systems to take official votes from board members.

Flagging

On the live call screen, you have the ability to click beside a person’s name and put a little “flag” beside their name. We developed this feature for a client who wanted a way to keep track of participants who had already had an opportunity to ask a question so that everyone got a chance. Use the live call screen to flag people who have voted either up or down on an issue.

Web Conferencing

With web conferencing, you can send out a poll throughout the conference to take votes on your suggestions, issues, or just to get a feeling about how your participants feel. You can edit them to ask any kind of question and select any kind of responses. If you’re using a PowerPoint to show your clients some different options they have in a web page design or product marketing efforts, you can allow them to vote on which one they want by using the polling system within the conference service. (Bonus: The polls can be preloaded so that you have them ready to go.)

Q&A Sessions

When we talk about using Q&A sessions on your conference, it’s usually it the context of, well, asking questions. But you can use the Q&A feature to poll your audio participants. Ask them to press *1 to put themselves in line to vote and then you can take their vote one at a time. If you record your conference call, you can have all of these votes on record for review or to recount at a later date.

Voting sessions can easily be done through a conference without having to cost a lot of time and you can easily keep a record of these votes using some of these options.

Writing a Meeting Agenda

An agenda is an important part of any large meeting running smoothly. When dealing with multiple speakers or parties on a conference call, assigning specific time increments to each speaker or Q&A session will keep everyone on track.

When I think of something that needs an agenda, I think of a large event that has multiple speakers and subject matters. An agenda, in my opinion, is to let me know who's speaking, how long they will have the floor, and give the main idea of what information they are going to present.

What makes an effective agenda?

Pick a type of agenda. Did you know there is more than one kind of agenda? I didn't until I started doing research for this post. The most popular agenda is called a "common agenda". This kind of agenda will call the meeting to order, offering a reading of the agenda, and then call for business matters to begin. The second most popular is a "priority agenda". This agenda places items of business in order of importance so that the highest priority items are sure to be addressed. Those are just two of the most popular ones, but there are a lot of different ways to arrange an agenda.

How detailed will your agenda need to be? First, consider if your agenda is going to be sent to just speakers or if all attendees will get a copy. You also need to decide just how deeply you will break out the agenda. Do you need to list every speaker or subject matter? A good rule is to break out the agenda when you will have two (or more) speakers and / or two (or more) subject matters. If you’re doing a town hall type of conference where multiple speakers will weigh in on one topic, listing the speakers should be sufficient.

Have someone else look at it. Get a second pair of eyes on the agenda to make sure you didn't leave anything out or get your timezones mixed up. Since you’ll be sending out your agenda with your invitation (right?) you don’t want to have to update this document multiple times. Limit changes as much as you can, and letting a second person read over it will help.

Like most things when it comes to having successful conference and webinar events, the amount of time you spend planning will have a great effect on how attendees respond before, during, and after your conference is over.

8 Open Ended Questions for Engagement

One of the best ways to get your participants involved on your conference call is to open up for questions at the end. Many times, I've seen even the most impressive presentations end up with 'no questions' at the end. I've talked before about what to do when no one asks a question on your conference and one of the tips I suggested before was to ask a friend or co-worker to be the first person to raise their hand.

Now, some may disagree with me about using a "plant" on your conferences to get the ball rolling for Q&A. I'd offer the counterpoint that it is human nature to be shy and that no one really wants to go first. Q&A is an opportunity to refine parts of the presentations and silence will hurt the chances to do so. If the co-worker or friend asks a legitimate question about the content, I don't see anything wrong with this kind of tactic.

An open ended question is one that cannot be answered with "yes" or "no". It's important that the question gives the speaker an opportunity to explain some of those finer details while giving the opportunity to spark questions in some of the other participants. Here are eight great ways to start an open ended question on your next conference.

  1. "What is the purpose of..."
  2. "Can you explain...."
  3. "How would you use..."
  4. "What judgment can we make..."
  5. "How would you estimate..."
  6. "Explain the changes that..."
  7. "How would you summarize..."
  8. "What statements support..."

These questions are great conversation starters because they are legitimate in reference to the content presented and they give the speaker that extra chance to go over those finer details or even mention something they mistakenly skipped over when going over the presentation. Additionally, I suggest only doing this once a session and only if you don't get any one else in the question queue. This is to get the conversation started, not to take it over completely. The goal of asking your co-worker to ask the first question is to open the door for others to come along behind them.

Have you ever "planted" your co-worker to ask the first question?

Web Conferencing Terminology

Last month, we rolled out our completely revamped web conferencing software. If you read our blog post about the announcement, you know we’re very excited about it. If not, you should, it’s a great introduction to the web conference system.

Since more of our new and current customers are calling us to ask about the program, I’ve noticed that we all have different ways of explaining things. I put together a useful tool to help you understand the terms that we’re using as they apply to our web conference system.

Webinar - Lots of people use this term differently, but to us a webinar is simply where you’re having a conference with a visual element.

Application Sharing – From the list of opened programs on your computer you can select any one of those programs to share with your participants. It limits the exposure of your computer screen and any notifications you get while sharing.

Audio Over the Web – Participants can now choose the option to listen to the audio streaming over the web. If they choose this option, they will not be able to participate in the audio portion of the conference, like raising their hand for questions.

Moderators – A moderator is a person who will control the aspects of the conference call. This includes the audio portions and sharing information.

Speaker - A speaker is different from a moderator in the sense that they can only share their programs and applications. They cannot remove participants or control the audio portions of the conference call. It’s a great way to invite different people to your conference line without having to give out your moderator code.

Conference Controls – There are two different sets of controls on web conferencing. One set of controls is for your sharing of information, like your desktop or video. The other will help you control and moderate your audio portions of your web conference.

Desktop Sharing – Different from application sharing, this option will share your entire display. It’s an easy choice when you have a lot of different things that you need to show. There is some risk with desktop sharing because anything that is on your computer will be shown to participants – including instant messages, email alerts, or web browsing.

Those are just some of the terms that you might hear one of our operators going over with you. If you want to know more about our web conferencing options give us a call and we can answer any of your questions about these options and more.

Connect With Participants on Webinars

Participants have a lot of distractions in front of them when they try to sit down and attend a meeting or web conference. As a speaker, you’re suddenly up against unseen foes of Facebook, Twitter, and email. Most participants will tune in completely to your webinar for the first couple of minutes, but after that, if you do not hold their attention, they will start to drift.

If you don’t want to lose your participants to the weeds of the Internet and other distractions, there are a couple of things you can do during your call to make sure you’re doing what you can to keep their attention.

Pace Yourself.

When you're speaking and presenting on a webinar, you are up against the clock. When presenters are up against the clock one of two things usually happens – they either go through the information entirely too fast, or they get lost in the minutia of their information. Practicing before the event in your allotted time will help you get the right pacing down and make any last minute changes.

Interact with Participants.

During the call, use polls and visuals to keep them engaged. Offer a prize for the best question to the speaker or set up a Twitter hash tag for participants to submit comments and questions about your presentation. If you decide to use Twitter during the conference make sure you have someone manning the account that can respond promptly. You can always go back later and personally respond to your messages, but don’t try to do that while you’re presenting.

Remember the Golden Rule.

Never read directly from your slides or handouts. I’m honestly surprised at how so many speakers continue to make this single mistake when it comes to trying to keep their audience involved in their conferences. Reading word for word from slides is the most direct way to get participants to "check out" of your conference. Why would they need to listen to you when they can just refer back to the copy of the slides? They should be used as a guide and not serve as a script.

Web conferencing technology is here to stay and will no doubt become even more prevalent in your day to day business operations. It’s a good idea to start making these changes to your presentation techniques now so that you’re not behind the curve later.

How do you connect with participants on webinars?

17 (+4) Tips For More Productive Conference Calls

Conference calls have become an important part of corporate business life and yet they are not always used to their best advantage. The world of telecommunications has traveled light years since the old days of the traditional party line, but the modern conference call is really just an expansion of that retro concept. Today, most companies use a specialized service provider for conference calls and they are being used more and more in conjunction with web conferences. These service providers maintain the conference bridge and provide the phone numbers used to access the meeting or conference call.

How can your business better utilize this service? First, let us define exactly what service we are talking about. What is meant by the term, conference call? This is a telephone call in which the caller wishes to have more than one party listen in to the audio portion. Calls may also be designed so that the called party can participate during the call or so that the called party merely listens in and cannot speak. A conference call is also sometimes referred to as an ATC (Audio Tele-Conference).

In a book called "Death By Meeting" author, Patrick Lenzioni, argues that conference calls really should be more fun. He says: "If I didn't have to go to meetings, I'd like my job a lot more." According to Merlin Mann and his fascinating, irreverent and very witty family of websites dealing with personal productivity known collectively as 43 Folders, the following ideas have helped to make his life in general and conference calls in particular, easier and more productive. Also check out this interview with Al Pittampalli, the author of the Modern Meeting Standard. Consider them the next time you schedule a conference call. Read on and hold that call, please!

  1. Circulate an Agenda.  Don't do a conference call without first circulating an agenda to all involved parties. An agenda helps to structure the conference and helps members to prepare by providing in advance the type of information they will need in order to effectively participate in the discussion.
     
  2. Get familiar with each other. Have everyone in attendance introduce him or herself up front. In fact, make that the first thing on your agenda. It is important for people who don't know each other's voices especially well to become familiar as quickly as possible.
     
  3. Give the conference a theme. Don't meander, for the road is costly and time-consuming and leads ultimately nowhere! Use the agenda to amplify the theme in question by explaining how it will be covered or explored in each section of the meeting.
     
  4. Have conference calls only when you need to. Many are unnecessary and could be avoided with either a one-on-one call or a focused e-mail exchange. Group calls should only be made when either in-depth dialogue or brainstorming is required.
     
  5. Establish meeting timing. This includes when the meeting will begin, break and end ahead of time. Provide a time structure, which all participants must adhere to and matters will flow smoothly.
     
  6. Focus on the conference. Limit "electronic grazing" to during the conference call. Set it up like they did in the old frontier days at the saloon with all who enter checking their guns at the door!! The equipment is different; phones and laptops to be exact, but the attitude is the same. No multi tasking while the meeting is in session. This means no email, no phone calls and this means you! Attending the meeting is like being pregnant; one either is or one isn't present at the meeting. If an emergency occurs and a call needs to be made, then the person should leave the room to make the call and not tie up the meeting.
     
  7. Schedule guests and make the best use of everyone's time. Use your agenda to indicate when people will be needed to present their arguments and avoid the traffic jam of having thirty people in a room for three hours, twenty of whom will have nothing at all to do or say until the last 15 minutes of the meeting. Tick off items on the agenda as they are covered.
     
  8. Delegate roles. Don't wear too many hats at your own meeting. Employ someone to keep track of the time so that you as the leader are free to focus on the matters presented in the agenda and keep the meeting rolling along at an even pace.
     
  9. Stay focused on your time element and subject matter. Not all issues require the same amount of time to settle and any issue that can be resolved offline or does not require the input of the majority of the group should be dismissed as quickly as possible and ticked off the mighty agenda.
     
  10. Welcome late arrivals. If you join into a conference call after it has already begun, make sure that other people know you are there. If you are the organizer of the conference call and this happens, seek an opportunity to introduce that person and then quickly review any key decisions that have been made. (If the person being late is you the organizer, you probably should find someone else to head the conference call in the first place.)
     
  11. Meetings won't run themselves. Be aware of which tips work best for you and remain consistent in their use. Meetings have never been able to run themselves, and you as the leader, must always think things out thoroughly so that people attending do not feel they are wasting their time. After all, that is the one commodity that we never seem to have enough of and that waits for no one, as the old saying goes.
     
  12. Stick to the point. Keep conference calls short and very sweet. This way, each participant knows what to expect, more or less, in terms of why they are there and what they are supposed to do. There is nothing more boring than a rambling speaker and nothing that will lose a listening audience more quickly, except maybe a sudden office fire.
     
  13. Get through the agenda first. Consider dealing with any matters that are not  on the agenda last even if they are brought up at the beginning of the conference. This prevents sidetracking and losing precious time in covering the more pertinent issues at hand.
     
  14. Invite only the people that need to be on the conference. Don't call bosses and technical experts to attend the conference unless you know in advance that their advice will be needed. Regardless of the outcome of the conference, they will definitely owe you one and be eternally grateful.
     
  15. Limit the Chaos. Limit the number of people on the conference call to four or at most five. Chaos is sure to follow if there are too many opinions circulating at the same time. Problems are likely to occur because the more opinions, the harder it becomes to keep track of who is speaking and a common reaction is to go on automatic pilot and "leave the meeting in your mind."
     
  16. Wait your turn to speak. Try not to interrupt when others are speaking and wait for the appropriate moment to jump in. One has to listen and concentrate much more acutely over the phone than is necessary in person.
     
  17. Summarize and follow up on meeting proceedings. This can either be done by you or by a project manager, if one has been so assigned. Take a few minutes at the end of the conference to review any major new projects that were generated in the meeting and email the list of resolutions to all participants. Also, take a minute to identify those issues or questions that must be explored further. Don't forget to thank everyone for his or her participation and say goodbye.
     
  18. Practice makes perfect. Familiarize yourself with the conference call service before you use it.  You're going to want to know how to use the conference call service so that you can use your mute functions and any of the moderator controls.  You should be able to call the conference company and get a quick overview of the different commands that you can use. 
     
  19. Start the conference on time.  You've sent out a lot of invitations that have a specific date and time provided to the other participants.  Start at the right time so that the conference will begin for those who showed up at the right time. Participants who are late will just have to miss the introduction. 
     
  20. Pay attention. As a participant you should take good notes. This will help you retain information and it will encourage you to pay attention, rather be distracted by your cell phone, email, or social networking. 
     
  21. Use visuals on conference calls that require them.  Not every conference is going to require them, so use them only in situations that call for the visual representations. 

The mercurial business world of today demands quick decisions based on as many facts as possible. Aided by the cold hand of technology, telecommunications has made the transfer of information an instantaneous and ubiquitous affair. Take advantage of this process. Wasting time hurts business and morale on many levels and it is something that can be avoided by planning ahead all the details for your next conference call. Follow these tips and you are sure to have more productive conference calls. Perhaps not all of these ideas will work for you, but many of them will.

And by the way, hold that call, will you? I have to go. There's a conference call I have to attend ...


Looking for ways to improve your speaking abilities? Here are four more resources:

5 Myths that Make Meetings Unbearable

Were you told to set up a conference call today? Did you groan, roll your eyes, or curl up in the fetal position on the floor? That’s a shame – meetings aren’t bad, it is the way that we think they should be conducted that are.

Here are six myths about meetings that mean participants will be bored and as the presenter, you can’t wait for it to be over with a tip to bust the myth and get your participants engaged.

  1. The more people that attend the better your meeting will be.
  2. Wrong. If you’re putting a meeting together to follow up with a development project, you may not need to invite the sales department. The Modern Meeting Standard suggests asking if the presence of one person would dramatically shift a decision making vote. If yes, they need to attend, if no, then they can probably skip this one. (Al Pittampalli put together a great book and you can check out a more in depth interview with him in our April Newsletter)

  3. Everyone is paying attention.
  4. A lot of presenters think that once they send out the invitation and conference call information that their work is done. The truth is that it takes a lot of work to keep participants engaged during the conference call. Many participants just put their phone on mute so that the rest of the conference doesn’t hear them working or playing games on their phone. Things like Q&A sessions, polling, or even getting interactive on social networks during your presentation are great ways to keep participants engaged.

  5. Reading from slides is the same thing as “making a presentation”.
  6. No. The golden rule of presentation is never read from your slides. Slides are a guide to prevent the speaker from losing their place and to visually stimulate your participants along the way. Instead of filling slide after slide with bullet points, use images and short statements to clue the participants into the information, but if you give it away on the slides – they will tune you out.

  7. Your agenda is a script.
  8. Much like the slides in Myth #3, the use of an agenda is sometimes distorted into being used as a script for the meeting. The agenda should be more of a guide to let participants know how the conference call time is going to be spent. For example, an agenda might say that from 9:00 – 9:30 will be Introduction, 9:30 – 10:30 Speaker, 10:30-11:00 Q&A. A meeting agenda works best when used as a short check list of how presenters plan on the time being used.

  9. Meetings that are blocked out for an hour must fill the whole hour.
  10. Don't fill time for the sake of taking up the entire hour. If you wrap up early or get through questions quicker than anticipated, go ahead and close out the conference. People will appreciate your effectiveness and be glad they have some extra time where they can get some other things taken care of. Nothing kills a meeting faster than when your participants feel like you're wasting their time.

Part of the thing that makes meetings and conferences a bit of a drag is the way the meeting is viewed. If we start small, dispelling some myths, and move on from there we are guaranteed to have more productive meetings and happy co-workers.