Re: [asterisk-biz] Call Recording and Legal Issues in the US

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 <sip@arcdiv.com> 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
> > beckman@angryox.com 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