Call Monitoring Disclosure: Not Just for Outbound

Posted: November 13, 2013

recording1As discussed in a previous blog post, This Call May Be Monitored or Recorded…, federal and state anti-wiretapping laws require businesses to disclose to consumers the fact that a call will be monitored or recorded in two-party consent and all-party consent states. It is important to keep in mind that this applies to both recorded or monitored outbound and inbound calls.

For inbound calls, an inbound IVR system is often used not only to present the consumer with options to guide him/her to the appropriate person or department, but is also commonly utilized to inform the consumer that the call will be monitored and/or recorded. However, some consumers might attempt to bypass the IVR by immediately pressing 0, or the equivalent, to speak to a live operator; thus, not hearing the call recording disclosure. When this occurs, the risk of violating the disclosure requirements is present.

If inbound calls are greeted by an IVR system and the IVR is responsible for delivering the call recording disclosure, you should play the disclosure before the IVR deploys or before the options allowing any transfer to occur are activated. This will ensure that the consumer hears the disclosure before he/she decides to bypass the IVR options in order to immediately speak with a live operator.

If your IVR system cannot be configured to deploy the “Call Recording” disclosure, prior to the consumer having the ability to bypass the IVR, have your call center agents provide the disclosure. All agents should be required, through scripting, to immediately disclose the call is being monitored or recorded. An introduction as simple as “this is [agent name] speaking on a recorded line” would be sufficient.

Also, if an operator answers and transfers inbound calls, ensuring either the operator gives the call monitoring disclosure or inbound agent is required to promptly disclose this to the consumer is likely sufficient. If inbound calls are answered directly by agents, call scripting should instruct the agent to promptly provide the consumer with the disclosure.

Keep in mind that you must provide the consumer with the disclosure during every call with the consumer. Even if it is a customer with whom you have a long-term relationship, and you expect that they know the call may be monitored or recorded, you must still provide the disclosure.

For additional questions on the call monitoring disclosure requirements and/or the strategies to comply, please reach out to consulting@compliancepoint.com.

Author: David Browne

David Browne is a Consultant with CompliancePoint. He utilizes his business education to consult with clients on state and federal laws and regulations related to direct marketing and consumer privacy. David has a BS in Economics and MBA from Georgia College & State University.

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