Call Recording Guidelines for Call Centers

Call centers preparing to introduce call recording software into their business should be aware of the laws and restrictions governing such recordings, and make certain the call center is compliant with all federal, state and industry regulations.
Before delving into the specific laws, it is helpful to create guidelines for the call center, which can be shaped by the following objectives:

  • Specify why calls are recorded
  • Specify how long recordings will be kept
  • Specify who will have access to call recordings
  • Specify the security measures that will protect the recordings from misuse
  • Make sure customers are aware that their call may be recorded
  • Make sure all agents and employees are aware of purpose of call recording

Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. State law varies, however, and should be reviewed on a case-by-case basis.

Thirty-eight states and the District of Columbia permit individuals to record conversations without informing the other parties they are doing so. Twelve states generally have laws that require the consent of both parties.

The Federal Communication Commission (FCC) requires call monitoring to be revealed prior to a recording device being used. Verbal or written consent must be given.

When a credit card transaction is conducted over the phone, call monitoring is subject to compliance with the Payment Card Industry Data Security Standard (PCI DSS). The PCI DSS requires file encryption, secure storage and the deletion of certain information, such as the credit card security code. When evaluating systems for your call center, please make sure to select a PCI compliant call recording software.

When a call recorder system is used on international calls, there are other and restrictions that must be observed. Given the wide range of regulations, legal counsel should be part of all decisions regarding call recording policy. We also invite you to watch this short call recording video to get a better understanding of features and capabilities.