Scott,
Just as a preface, this is what or company does, we are a third party
call monitoring quality assurance service.
The law applies pretty much the same whether it is B2B or B2C. The
difference really comes in the case of recording or tapping.
Typically if recording happens as a matter of practice in a business,
the HR gets a new hire to sign a waiver. This protects the business in a
one party condition from an employee coming back and challenging a
dismissal or reprimand. I had this happen to a client, where we caught
the employee continually putting clients on hold so she could continue a
personal conversation with another employee, resulting in the employee
being dismissed. The employee sued for invasion of privacy, they settled
since they didn't have a signed waiver.
So, since you may consider it standard practice, doesn't mean the
employee, the client or the courts will see it that way. AKA make sure
you cover your ass!
Mike
Scott Ivory wrote:
Great comments.. thanks everyone.
A lot of this looks like it applies more to Business to Consumer calls
which deals with very strict privacy laws (rightfully so).
All calls through this box are B to B which I imagine to be a whole
different ball game. Has anyone come across information that
distinguishes the law between B to C and B to B?
Recording in the office is standard practice. I don't know too many
sales forces that don't record at least some of their calls for
training purposes. It's too powerful of a tool.
Thanks,
Scott
------------------------------------------------------------------------
*From:* Mike Ashton [mailto:[EMAIL PROTECTED]
*Sent:* Saturday, July 22, 2006 8:15 AM
*To:* [email protected]
*Subject:* Re: [on-asterisk] recording in asterisk
Duane,
You are right that it is not just that simple, I was just trying to
highlight some of the complexities.
Some links to look at:
http://www.rcfp.org/taping/
http://en.wikipedia.org/wiki/Telephone_tapping
http://www.callcorder.com/phone-recording-law.htm
And even in some of these links you will get some contradictions in
the states listed. This can be due to the dates the data was
collected, and/or the collectors inaccuracy.
Mike
Duane wrote:
Mike Ashton wrote:
Say the other person was in Maryland, well they have a totally
inclusive two party law ( everyone on call needs to be aware in the
case of a conference call ). So if you don't make the person in
Maryland aware, then your breaking Maryland State law, even if your
initiating the call from Ontario.
Actually it's not that simple, when it comes to inter-state in the US,
you fall under US federal laws which tends to side with one party
rather then two party consent...
There was a website on US laws regarding recording of calls but I
can't seem to find it at present...
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