According to an Oct. 2, 2018, article posted on gomindsight.com, the laws concerning recording a phone call vary so much state by state that if a business such as Czech Airlines receives calls from customers residing in all 50 states, it must make sure to have as restrictive a recording policy as that of the most restrictive patron location. The answer to the question above, therefore, is no, it is not illegal to engage in recording a phone call, just complicated and situation dependent as well as location dependent.

How Does Where You Live Affect Whether Recording a Phone Call is Legal or Illegal?

Call recording laws
affect both inbound and outbound calls. This means that a business, such as Czech Airlines or Hertz, and a customer contact center with its North American headquarters in New York City must concern itself with the laws of recording calls in California so that if a Golden State patron calls them, they are legally covered in how they handle the phone call. The same would be true if they were to initiate the phone call.

As it happens, California is one of the most restrictive states in the U.S. when it comes to call recording. As indicated by an August 17, 2018 article posted on execvision.io, California is considered an “all party” or “dual party” consent state—meaning that everyone involved in the conversation must be notified of the intent to record and give their permission prior to doing so.

The gomindsight.com source claims that there are only 12 states out of 50 which take this more restrictive stance.

This should be a comfort to every resident of the Golden State and the other “dual party” states—some of which have exceptions to the rule—in that the government is putting the privacy interests of its residents first and foremost on its agenda. Because most businesses cross state lines and must adopt the most restrictive states’ legal stance, like the California Invasion of Privacy Act (CIPA), U.S. citizens reap the benefit of the tighter laws.

What are the States that are Identified as Dual Party?

The states identified as two-party consent or all party consent when it comes to call recording laws, are:

• California
• Connecticut
• Florida
• Hawaii
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada
• New Hampshire
• Pennsylvania
• Washington

What Does Implied Consent Have to Do with Recording Law?

As indicated by whatis.techtarget.com, implied consent is “an assumption of permission to do something that is inferred from an individual’s actions rather than explicitly provided.” Implied consent is what is at play when, as consumers, we encounter the ever-pervasive pre-recorded announcement that says, “This call may be recorded or monitored for quality control or training purposes.”

The caller has an out if they do not wish to be recorded or do not give their permission—terminating the call by hanging up.

If a customer of Czech Airlines or United Airlines PetSafe remains on the line after hearing such a message, they have given the equivalent of permission by continuing the call. This satisfies legal requirements for businesses if this prerecorded announcement is actually utilized. However, some businesses do “drop the ball” and record without consent.

Those individuals who were recorded without consent may be entitled to punitive damages and compensation for those violations.