Minnesota law makes it legal to record an oral or telephone conversation with the consent of one or more parties, provided there was no criminal or tortious intent. Unauthorized recording in violation of this law can lead to jail time, fines, and/or civil liability.
However, things can get rather tricky when one party lives in a one-party consent state and the other lives in a two-party consent state. Not to mention when the other party may even live abroad with entirely different laws.
Just to be safe, it’s usually good practice to obtain consent from all parties on every call.
The Law Explained
Federal and state laws differ as to the legality of recording phone calls and conversations. Federal law requires one-party consent, which means you can record a phone call or conversation so long as you are a party to the conversation. If you are not a party to the conversation, you can record a conversation or phone call only if at least one party consents and has full knowledge that the communication will be recorded. Most states have enacted laws that are similar to the federal statute, meaning that they generally require one-party consent. However some still require all party consent.
The Law in other StatesBe careful with one-party consent
Consent requirement is based on the physical location of the prospect. It is not solely tied to the area code that their phone number is registered in.Call recording consent can get even more complicated when one-party lives in a one-party consent state and the other lives in a two-party consent state.
It can also happen that one-party lives in a one-party consent state, but other parties live in countries abroad where the laws are entirely different. This is where the lines between state, federal and global call recording laws can get sticky.
For this reason, it’s usually best practice to obtain consent from all parties on the call – just to be safe.
Considerations for sales and marketing teams
Recording of calls can be hugely beneficial, especially when combined with A.I powered transcription tools like
RocketPhone.
When used well, call recordings and transcriptions can be powerful coaching tools for reps.
Before you start recording calls, there are a few things to consider;
- Are you and your team well-versed in the laws and practices of the states and countries you will be calling or where your leads will be calling from?
- Have you and your team been formally trained on how to ask for consent and what to do if a party does not consent?
- Do you and your team have the
right tools to record calls in a beneficial and impactful way?
Before initiating your marketing program in a new country or state, make sure to consult your legal team and have a complete understanding of regulations in that area before recording.
Interested in learning more about our phone system with A.I powered call recording?
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