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.

Conference Call Checklist

So you want to have a conference call?  You can always start a conference call in minutes, however we suggest a bit more preparation for a conference between you and your co-workers. When inviting clients or customers to your conferences, there are a few extra things you will want to do. 

First: Decide What Your Call is About

Write out what the meeting is going to be about and create an agenda, making sure to estimate how long each point will take.  It's always good to give yourself 5-10 minutes of margin.  Don't forget to budget time for questions.

Second: Decide Who

Once you've worked out when you want to have the call, decide who is going to be there.  This is a good time to ask yourself if you'll be having a guest speaker or if you need an operator assistance.   

Third: Send Your Invitations

Now that you have all of the above worked out, it's time to send out your invitations.  Your email invitations should include:

  • What the meeting is about
  • Their call-in number and participant code
  • When the meeting is and for how long
  • An abbreviated version of the agenda

Your participants are taken care of, so where will you be?  The beauty of audio conferencing is that you can host a conference call from pretty much anywhere.  So your only guidelines should be to conduct your conference call from a quiet place where you won't be interrupted.  And—for absolute best quality—use a landline.  One final suggestion: use a headset.  It's much more comfortable than cradling the phone in your neck.

Use this helpful conference call checklist before you plan your next meeting:

PREPARE YOUR CONFERENCE

__Choose the date and time.
__Determine if you need operator assistance.
__Will there be a guest speaker?
__Do you need a registration page?
__Do you want the conference call recorded?
__Will there be a visual element requiring web conferencing?

CREATE AN AGENDA

You need to write an agenda to send to speaker and participants so the know what to expect. 

__Does it have a realistic timeline?
__Is there a need to have breaks?
__Will there be Q&A? How long will your Q&A session be?
__Do you need a different version for participants?

TECHNICAL CHECKLIST

__Do you know how to mute your telephone?
__Is the sound quality on your conference good?
__Did you do a practice run to make sure that you know how to join the conference and the webinar?
__Do you have a backup method of connecting in case there is a problem with your connection?
 


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

AccuConference | Webinar Marketing 201: Pricing and Bundling

Webinar Marketing 201: Pricing and Bundling

As we indicated in the previous blog, the biggest mistake in producing webinars is under-pricing them.  In part this is because people forget that this is a completely new medium, not your old-fashioned Marriott ballroom seminar event.  Remember, webinars free people from the costs of having to travel and stay somewhere to participate in the event.  Build some of this convenience that you are providing your audience into your price.

It is a lot easier to initially set the tuition of at the high end and see what comes in than it is to try and increase prices at a later date for the same information.  Keep in mind that the important and timeliness of what you can tell participants, in addition to the convenience you are providing, can overcome almost any pocketbook issue.

An alternative way to charge for attendance is to offer a site license, as opposed to a per-seat charge.  Consider this option in your pricing as it can be great way to increase participation and get more customers.  Although companies will typically pay a higher tuition cost, more than one person from the same office can participate. You may even want to encourage this in your marketing message.  The advantage of multi viewer participation to the company is that all of their people hear the same message at the same time.  This sure beats paying for one person to go to a meeting and then come home and try to brief their colleagues.  This team webinar participation approach also provides your staff with a vehicle to discuss what they have learned and share questions and think of applications after the webinar is over.

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