A call recording disclosure is a method of letting another party know of the intent to record a phone call. Disclosure is required under California law so that the other party to the conversation has a chance to avoid being recorded.

A disclosure that a call is being recorded is necessary pretty much every time a business intends to record a telephone conversation with a resident of California. This includes conversations initiated by residents of the State to businesses outside of it (outbound) and conversations initiated by businesses to residents inside the state (inbound).

Businesses who fail to let consumers know they are recording a call may be in violation of California recording laws.

Why Are Recording Disclosures Necessary in California in Particular?

California is not necessarily unique but it is one of a handful of U.S. states with two-party vs. one-party consent laws. These laws pertain to recording permissions. As indicated by execvision.io, in the states of California, Connecticut, Hawaii, Illinois, Maryland, Michigan, Montana, Nebraska, Nevada, New Hampshire, Pennsylvania, and Washington, all parties to a conversation must give permission to be recorded, whereas the remainder of the states only need the okay of one party.

Why Doesn’t a One-party State Override California Law?

The federal law governing all states is one-party, but because of states’ rights to self-govern within certain parameters, federal law must submit to a stricter local statute when it is in place.

The basis for two-party consent are privacy laws which are much more expansive on the federal and local level, applying to more circumstances and technology than telephones. Additionally, two-party consent could be more adequately labeled ‘all-party’ as every involved in the conversation being recorded must give their permission.

What are the Three Methods of Call Recording Disclosure?

A California call recording disclosure must be made by most national companies.

One method to make the required disclosure is to directly ask not just once but twice. The first time might consist of the question, ‘Is it okay with you if I record our phone conversation?’.

After pressing the record button, the first party to the call should then double-check with a follow-up inquiry. It might be something like, ‘the record button has just been activated. I want to make sure that I understood you to say it was okay to begin recording this phone call. Am I correct?’

The second method involves informing the second party to the call of the intent to record the conversation from the outset. Most consumers have become familiar with this warning which is often prerecorded and comes on automatically with the voicemail menus of many customer support service telephone lines.

The concept behind this method is known as implied consent. If the caller or even in some cases the one receiving the call hears this message, they have the option of saying no by merely hanging up. Ending the interaction is a no to the question whereas staying on the line and waiting for a representative affirms the right of the business to record.

The third method–considered acceptable by the California Public Utilities Commission which regulates the telecommunications industry—is to play an audible tone such as a beep every 12 to 18 seconds throughout the length of the telephone interaction.