Seeking Legal Advice on Recording Calls

[nnick]

Jurisdiction

US Federal Law

My business utilizes a series of calls between our clients from the US/Canada and callers from the Philippines, similar to a life coaching business. In order to make the call seem less transactional, can I obtain written consent once to record calls without the need to verbally announce the call is being recorded during every call?

 

[zddoodah]

In the U.S., laws vary from state to state. A couple of quick and cursory google searches suggest the consent of only one party is required in Canada, while the consent of all parties is required in the Philippines.

You'll need to consult with attorneys in every jurisdiction in which your company does business to determine the legality of an advance, blanket consent.

 

[adjusterjack]

can I obtain written consent once to record calls without the need to verbally announce the call is being recorded during every call?

Should be obvious that you CAN do that but seems to me to be a costly waste of time.

My guess is that most people would say no to being recorded if given a choice, especially when they are paying you for a service.

OTOH, "This call is being recorded for quality control yada yada yada" is ubiquitous and generally accepted without objection.

Why do you feel the need to record these conversations?

 

[Tax Counsel]

A little more detail for the OP: It wouldn't be costly to actually do it. The issue is whether that consent will be effective for all future calls unless revoked, and if that is possible, exactly what the written consent needs to say to make it enforceable. For that, you need legal advice in every jurisdiction, as zddoodah pointed out. That's the part that may get expensive.