What Are the Florida Recording Laws?

Call recording is a common practice, especially among businesses. Businesses can use call recording for quality assurance and customer service purposes, or for training, their own records, and more. However, not all call recording is actually legal—indeed, some companies have been hit with a call recording lawsuit over their call recording practices.

Call recording laws vary from state to state, some stricter than others. Florida recording laws, for instance, are some of the strictest. Businesses can get into trouble or even be hit with a call recording lawsuit for failing to abide by Florida’s specific recording laws.

Is It Legal to Record a Phone Call in Florida?

In Florida, like everywhere else in the U.S., phone recording is relatively common among businesses. Phone recording is perfectly legal in Florida—but only under a particular set of circumstances. When recording phone calls, there are certain rules that must be followed in order to adhere to state guidelines regarding recording.

According to the Florida Security of Communications Act (FSCA): “[a]ny person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of [the Act] shall have a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use, such communications[.]”

This means that Florida residents whose phone calls (or other communications, including oral or wire) were recorded without their consent may be able to file a call recording lawsuit and seek compensation.

One of the most significant aspects of Florida phone recording laws is that legal recording requires two party consent.

What Is Two Party Consent?

Two party consent can be a bit of a misnomer, since it requires the consent of all parties in the conversation (not necessarily just two).

Two party consent is required by a number of states. Florida recording laws, along with the recording laws in California, Connecticut, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington require consent. Some of these states require explicit verbal consent to recording taking place, while others may simply require implicit consent, proceeding with communication after being informed of the recording taking place.

The other states generally require one-party consent—that is, the consent of only one party privy to the conversation to give permission for the recording to take place. Hawaii is an exception, requiring two-party consent only if the recording device is in a private location. One party consent law is the standard at the federal level as well.

There are very few exceptions to Florida recording laws, but in certain circumstances, such as communication taking place in a public setting without reasonable expectation of privacy, call recording without the consent of all parties may be legal.

How Could Business Calls Violate Florida Phone Recording Laws?

Business calls could easily violate Florida recording laws if they fail to obtain consent for the recording taking place. Even businesses not located in Florida could violate Florida phone recording laws by recording a phone call with a Florida resident without first receiving their permission.

In order to comply with call recording laws, businesses typically give a warning at the beginning of the call to the effect of “this call may be monitored or recorded for quality assurance,” or something in that vein. Some states may require explicit verbal consent rather than just implicit consent, though Florida laws only require implicit consent—simply staying on the line after being informed of the call recording.

Violating Florida phone recording laws can expose businesses to criminal prosecution as well as a call recording lawsuit.

Can You File a Call Recording Lawsuit?

A growing number of people are coming forward with allegations of companies violating Florida recording laws. If you live in Florida and you believe that your phone calls were recorded by a business without your knowledge or consent, you may be able to file a call recording lawsuit and pursue compensation. Consumers who file class action lawsuits can hold companies accountable and prevent them from continuing to illegally record conversations with consumers.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This particular class action lawsuit investigation applies to Florida residents specifically, but remember that Florida phone recording laws protect you while you are in Florida, regardless of your residency there.

Free Florida Call Recording Claim Evaluation

If you are a Florida resident and had a call recorded without your consent, you may be eligible to take legal action against the person or company that recorded the call.

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This article is not legal advice. It is presented
for informational purposes only.