Posted: January 18, 2017
“This call may be monitored or recorded for quality assurance purposes.” As we’ve mentioned in a previous post, we all hear this phrase over the phone regularly.
And, because we hear it so often, you may assume that most people couldn’t care about it any less at this point. Wrong!
With increased state scrutiny and class action litigations surrounding this call monitoring (a.k.a. anti-wiretapping) law, organizations should instead view this disclosure requirement as a priority with which to comply. Watch the short video below to learn the importance of the call monitoring disclosure.
The risk related to this requirement revolves around the fact that several states have a more restrictive rule than the federal requirements. These states require both or all parties in the conversation to give their consent to the call being recorded or monitored. This is referred to as the “two-party” or “all-party” consent requirement.
While violations of these laws are subject to criminal penalties, many states also provide a private right of action and the right to recover damages and attorney’s fees when filing suits claiming non-compliance with call monitoring laws. Thus, violations of the call monitoring disclosure requirements may lead to hefty settlements and fines.
For additional questions on the call monitoring disclosure requirements and/or the strategies to comply, please reach out to firstname.lastname@example.org.
Paul Gipson, Managing Associate at CompliancePoint, is focused on U.S. and certain international direct marketing compliance regulations. He works with clients in a variety of industries and is dedicated to provide reliable and practical consulting services. Paul has earned a Certified Information Privacy Professional (CIPP/US) certification from the International Association of Privacy Professionals, a Customer Engagement Compliance Professional (CECP) certification from the Professional Association for Customer Engagement (PACE), and has a B.A. in Business Management with a focus on consumer economics from the University of Georgia. In his spare time, he enjoys woodworking, hiking, and spending time at one of the many parks in Atlanta, where he resides.