Hello, While there is only a requirement of single-party notification that a conversation is being recorded at the federal level, there are 12 states in the USA that have a requirement that all parties in a phone call must be notified that a call is recorded. Here is the list of those states: - California - Connecticut - Florida - Illinois - Maryland - Massachusetts - Michigan - Montana - Nevada - New Hampshire - Pennsylvania - Washington
All of the states above allow for criminal charges, and all but Montana allow for Civil penalties as well. The penalties vary from state-to-state, but often depend on what was done with the recording if it has even been kept. MATT--- On 1/28/09, SIP <[email protected]> wrote: > The answer is that, unfortunately for you, you can be sued regardless of > what sort of waiver your customer signs. The argument being that your > customer may not know all the applicable laws regarding his rights in > the situation before he signs the waiver (waivers are not terribly > effective protection in court). > > Whether or not whomever is suing you will WIN the suit will rely mostly > on the law, and you may or may not come out okay in a legal position, > but the ensuing costs of fighting the legal battle CAN lead to a > bankruptcy situation. And, of course, if you're seeking funding rounds > or business loans, no one will want to give money to a company that may > lose it all in a legal battle. > > Unless you're absolutely certain of the laws of the states in which you > do business, I would recommend against aiding in the recording of calls > by customers. > > N. > > > > Peter Beckman wrote: > > I'm aware that in some states and in some cases there are differing rules > > about who and when a caller or callee can or cannot record a phone call. > > > > As a service provider, I can easily enable my users to record calls on > > demand, for only some of calls, or for all calls. > > > > The question is, do I need to, in our Terms of Service, specifically say > > > > "The user is responsible for following all applicable laws regarding > > call recording. The user will hold harmless Company and its vendors > > partners and subsidiaries for violations of any laws regarding call > > recording." > > > > Or would we be covered by a general you can't sue us clause. > > > > Please -- no conjecture, only reply if you actually know from a good legal > > source the answer. > > > > Beckman > > --------------------------------------------------------------------------- > > Peter Beckman Internet Guy > > [email protected] http://www.angryox.com/ > > --------------------------------------------------------------------------- > > > > _______________________________________________ > > --Bandwidth and Colocation Provided by http://www.api-digital.com-- > > > > asterisk-biz mailing list > > To UNSUBSCRIBE or update options visit: > > http://lists.digium.com/mailman/listinfo/asterisk-biz > > > > > _______________________________________________ > --Bandwidth and Colocation Provided by http://www.api-digital.com-- > > asterisk-biz mailing list > To UNSUBSCRIBE or update options visit: > http://lists.digium.com/mailman/listinfo/asterisk-biz > _______________________________________________ --Bandwidth and Colocation Provided by http://www.api-digital.com-- asterisk-biz mailing list To UNSUBSCRIBE or update options visit: http://lists.digium.com/mailman/listinfo/asterisk-biz
