Legal Factors when Recording Communications

CPaaS includes built-in and programmatic media recording and playback capabilities of the audio of a call. Your team can implement features for recording, storing and forwarding messages, and even transcription for voice to text. This recording features allows for both legs of the calls be recorded. If you plan on recording a conversation, please be aware of the legal factors when making a decision to record a call. It is imperative for you to familiarize yourself with the laws, regulations, and industry standards specific to you, so that you can record calls in a legally compliant manner. There are numerous laws and regulations that are triggered when recording a “call,” which includes any spoken communications between two or more participants. General information about recording is presented herein.

Please note that the information provided herein does not, and is not intended to, constitute legal advice; rather, the information presented is only for general purposes only. You should contact your attorney to obtain specific legal advice with respect to any additional jurisdiction specific questions on the legality of recording. Further, if you record or monitor calls, then you must comply with all applicable laws prior to doing so and will secure all required prior consents to record or monitor communications using the CPaaS Services. We make no representations or warranties with respect to recording or monitoring of telephone calls, SMS messages, or other communications. You acknowledge that these representations, warranties, and obligations are essential to our ability to provide you with access to recording and monitoring features that are part of the Services, and you further agree to indemnify us and our affiliates in accordance with the terms of service for claims arising out of or related to your acts or omissions in connection with providing notice and obtaining consents regarding such recording or monitoring of telephone calls, SMS messages, or other communications using the Services.

As part of using our Services, CPaaS requires that its customers comply with all applicable laws and statutes. Consent is different from location to location. It is the best practice to comply with the most restrictive consent laws and obtain consent from all participants on the call prior to recording or storing a call. You should provide a clear explanation to all participants on the call that you may or will record a call. Further, you should disclose to all participants on the call that you may or will record and store these communications. You should store your call recording with the appropriate leave of security.

You can obtain consent in a number of ways, depending upon the nature of the call and/or the call participants. A typical way to obtain to consent is to play a message before the call is recording indicating that the call will be recorded and/or stored. You should keep records of how you obtain consent, and how you plan to use and/or store any recordings. You should only store and use the recording in a manner consistent with what you told the participants. If the participant does not consent to the recording, you should not record the call. There are other ways to obtain consent, which you should discuss in detail with your legal counsel who is familiar with your jurisdiction.

There are different laws and regulations at both the federal and state level in the United States that relate to recording calls, including, but not limited to, California’s Invasion of Privacy Act (“CIPA”), Cal. Penal Code §§ 630 et seq., and similar laws. You are required to obtain consent by one/two/or all participants before you can record a call, by certain federal and state laws. At least 10 other states in the United States require you to obtain consent by all parties before you record a call. There are laws outside the United States that require you to also obtain the consent of the call participants before you may record a call, such as the EU’s GDPR. In addition to the requirements on obtaining consent, there may also be laws, regulations, or industry standards that indicate how you may use, disclose, store, and secure you call recordings. You should discuss in detail these additional factors, specific to you and your business, with your legal counsel who is familiar with your jurisdiction.