Who Determines Call Recording Legal Jurisdictions?

IP call recording regulations are complicated—and the penalties for infringement strict—it’s vitally important for organizations considering call recording to arm themselves with the knowledge and resources to legally protect their interests.

Because there are three separate entities (i.e., the federal government, state governments, and the FCC) that determine call recording regulations, it’s important to understand the jurisdictions of each.
• The Federal Government.
The Federal Government does not define a large amount of specific legislation for call recording. It does, however, require one-party consent.
• State Governments.
State governments generally have more well-defined call recording laws and penalties. With the exception of calls involving felonies or threats, only 13 states require all-party consent.
• The FCC.
The FCC requires that all parties in a recorded interstate call be notified either verbally or through an intermittent beep of the recording. Lawsuits involving interstate telephone calls have been judged in both the originating state and in the receiving state, so it’s recommended that the stricter state guidelines are followed when recording interstate calls.