Yes, but many states require consent of both parties to the call, and it is advisable to obtain consent regardless of where the caller lives.
Under federal law, 18 USC § 2511(2)(d), you only need the consent of one of the parties to the call to record it. That means that the company recording the call itself can provide the “consent” without notifying the customer that the call is being recorded. This is known as “one-party” consent.
Many states, however, require “all-party” consent, meaning all parties to the call must agree to its recording. Because one party to the call may reside in a state that requires all-party consent, companies run the risk of violating state recording laws if they do not obtain the consent of all parties, even if the company itself is in a state that only requires one-party consent. Several court cases have challenged the practice of recording calls without informing all parties to the call. In general, courts have found that the federal law does not preempt the more restrictive state laws (i.e., you cannot rely on compliance with 18 USC § 2511(2)(d) as a safe harbor). Moreover, courts will generally apply the state law where the injured party resides (i.e., if the caller is in an all-party consent state, the court will apply that state’s law regardless of where the other party resides).
The net result is that most companies err on the side of caution and inform the caller that the call will be recorded. This is why you are used to hearing “this call may be recorded for quality and training purposes” (or similar language) at the beginning of most customer service calls. Generally, the law recognizes that it is sufficient to obtain consent if you provide notice and then the caller continues with the call.
For more information and resources about the CCPA visit http://www.CCPA-info.com.
This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes. You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.
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