The Legalities of Call Monitoring
Call center recording systems are subject to regulation from the FCC, specific industries and other governing bodies. It is each call center’s responsibility to be compliant with all specified standards and restrictions.
United States Law
The Omnibus Crime Control and Safe Streets Act of 1968 prohibits the interception of telephone communication by any means. However, an exception is allowed if one or both parties authorize the recording. For internal communication there is also a “Business Telephone” exemption. State law varies, however, and should be reviewed on a case-by-case basis.
The Federal Communication Commission (FCC)
The FCC similarly requires call monitoring to be revealed prior to a recording device being used. Verbal or written consent must be given. A beep tone, repeated at intervals throughout the call, is required as a reminder to both parties of the recording in process.
Payment Card Industry Data Security Standard
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). Security is the primary concern here, as any time a credit card number is processed, transmitted or stored, there is a risk of identity theft. The PCI DSS requires file encryption, secure storage and the deletion of certain information, such as the credit card security code. More information can be found herehttps://www.pcisecuritystandards.org/documents/pci_dss_v2.pdf
When a call recorder system is used on international calls, there are other and restrictions that must be observed. Countries such as Canada, Britain and Australia have separate regulations for call recording software.
The best way resolve any issues or questions is to bring legal counsel into the decision-making process of how call recording software will be used.
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