I know that California law requires both parties’ consent to record or monitor phone calls. So if we intend to record or monitor incoming phone calls, we need to have a recording that says that the call may be monitored or recorded. However, what if we are calling out to a customer or client? At that point do we as an employer have to notify the individual we’re contacting that the call may be recorded or monitored and seek their consent? If they object, what do we do?
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“In California, the consent of all parties must be obtained to record or monitor a call. So even if you are calling out, you must notify the other party to the call if you are going to record or monitor and have them agree to continue the call on that basis. If they do not agree, you have to decide either to refrain from recording or monitoring or to terminate the call. If they say nothing, you may assume that they have consented.” — Scott Silverman
Scott Silverman is a partner at the Los Angeles office of law firm Morrison & Foerster.