Legal Considerations of Voice Logging

Compiled by Peter DeHaan, Ph.D.

Peter DeHaan, Publisher and Editor of AnswerStatLegal issues regarding the recording of phone calls must be considered before embarking on voice logging. This varies on a state-by-state basis. Some states and countries require “one-party notification” in which only one of the two individuals needs to be made aware that the call is being recorded. This, of course, is most easily done by notifying the call center agents and staff. This notice should be included in the employee handbook they receive when hired. By signing off on the handbook, it has been documented that employees have been duly notified that the recording will take place. Check with a local attorney familiar with state employment law, as it may be advisable to have a separate sheet signed by each employee, which explicitly notifies him or her that calls will be recorded. (At least thirty-seven US States, the District of Columbia, the US Federal law, Canada, and England only require one-party notification. Note that there is some disagreement over the determination of the requirements for a few states.)

The other scenario requires that both parties be made aware that the call is being recorded; these are called “two-party notification” states. (Depending on the source, ten to thirteen US states fit this category.) This can be accomplished by playing a preamble recording on every call or inserting a periodic beep tone.

The preamble recording is common, but may prove to be a technical challenge to accomplish in a call center where multiple types of calls are taken and for various departments or clients. There is also the concern of how to respond to clients who object to an automated announcement before every one of their calls. Typical verbiage for the announcement or preamble recording is, “Thank you for calling ABC Clinic, your call may be monitored for training or quality assurance purposes.”

Alternately, many voice logging systems provide an optional beep tone. There are specific parameters to which this beep must adhere. According to VLR Communications, the beep tone needs to be a 1260 to 1540 Hertz tone, lasting 170 to 250 milliseconds, and broadcast for both sides to hear every twelve to fifteen seconds when recording is taking place. The interesting part of this requirement is that both parties must be able to “hear” the beep tone; there is no measurable audio level specified. Therefore, it makes sense to set the beep level at a low volume, while still being audible to both parties. Still, many people find this beep tone to be disconcerting and distracting. Although call center agents typically grow accustomed to the beep tone, eventually tuning it out, this is not the case with callers, who generally find the ongoing beeping to be an annoying vexation. Callers may even discuss the beep tone or voice recording with the agents, thereby lengthening call time and decreasing the quality of service.

Several websites contain information about notification; unfortunately, they are not in complete agreement. This is shown in the chart below. Regardless of this information, be sure to consult a local attorney before recording any telephone calls.

Also, there are privacy concerns and issues. In general, one should take every possible precaution to avoid recording personal phone calls. A practical way of doing so is to only record conversations in the call center (and explicitly not in the breakroom or on any common area telephone) and to have an enforced policy against placing or receiving personal phone calls while in the call center. These steps will help to ensure that personal phone calls are not inadvertently recorded and that privacy rights are not encroached. Again, obtain legal counsel before recording any phone calls. Voice logging is best used for quality assurance, training, self-evaluation, verification, and dispute resolution.


Voice Recording Notification Requirements

Area Sources 1 & 2* Source 3*
Alabama One-party One-party
Alaska One-party One-party
Arizona One-party One-party
Arkansas One-party One-party
California Two-party Two-party
Colorado One-party One-party
Connecticut Two-party Two-party
Delaware One-party Two-party
District of Columbia One-party One-party
Florida Two-party Two-party
Georgia One-party One-party
Hawaii One-party One-party
Idaho One-party One-party
Illinois Two-party Two-party
Indiana One-party One-party
Iowa One-party One-party
Kansas One-party One-party
Kentucky One-party One-party
Louisiana One-party One-party
Maine One-party One-party
Maryland Two-party Two-party
Massachusetts Two-party Two-party
Michigan Two-party Two-party
Minnesota One-party One-party
Mississippi One-party One-party
Missouri One-party One-party
Montana Two-party Two-party
Nebraska One-party One-party
Nevada Two-party One-party
New Hampshire Two-party Two-party
New Jersey One-party One-party
New Mexico One-party One-party
New York One-party One-party
North Carolina One-party One-party
North Dakota One-party One-party
Ohio One-party One-party
Oklahoma One-party One-party
Oregon One-party One-party
Pennsylvania Two-party Two-party
Rhode Island One-party One-party
South Carolina One-party One-party
South Dakota One-party One-party
Tennessee One-party One-party
Texas One-party One-party
Utah One-party One-party
Vermont One-party One-party
Virginia One-party One-party
Washington Two-party Two-party
West Virginia One-party One-party
Wisconsin One-party One-party
Wyoming One-party One-party
US Federal One-party

* Sources:

  1. The Reporters Committee for Freedom of the Press
  2. VLR Communications
  3. ACLU

[For more information, see our Voice Logging feature article and Voice Logging Vendors.]

Peter DeHaan is the publisher and editor-in-chief of AnswerStat magazine and a passionate wordsmith. Connect with him on his personal blogs, social media sites, and newsletter, all accessible from www.peterdehaan.com.

[From the Fall 2003 issue of AnswerStat magazine]