Call center call recording laws provide guidance for organizations who want, or need, to capture conversations without compromising personal privacy. Statutes ensure the rights of individuals and companies are protected, while trying to balance the needs of all parties who conduct business over traditional telephone equipment and web-based computing devices. Every responsible organization reviews state requirements prior to implementing a unified communications strategy that includes call capturing. However, there are some potential pitfalls for call centers that don’t go far enough in considering every client engagement touch-point, like the two examples below.
Even when companies use a prerecorded message to announce all calls may be recorded for training or other purposes, they may still be legally exposed if they route calls to an external call center during peak volume or after-hours periods. Recent successful class action lawsuits filed by consumers in California, demonstrate informed consent does not necessarily follow conversations when callers are transferred. Failing to properly provide notice to callers, and gain their consent, could cost an organization millions of dollars. In the case of hospitality giants Wyndham Hotels and Resorts, LLC and Wyndham Hotel Group, LLC, a federal judge awarded callers routed to a call center a staggering $7.3 million, because they did not receive full disclosure about recording policies. These rules vary from state to state; however all industries, including public safety and transportation sectors, should evaluate call center call recording laws related to off-site answering, as well as both in-bound and outbound consent protocols.
Another area administrators may overlook while exploring team engagement touch-points involves looking beyond the call center call recorder laws related to informed consent to review wage policies for mandatory virtual meetings and remote service delivery. Advanced interaction solutions, like Skype Meetings, enhance collaboration without time and geographic boundaries, and provide administrators with a plethora of call data to improve team engagement while reducing overhead. Relying only on the attendee list and length of meeting time from the back office data could expose your organization to “wage theft” claims. By simply paying wages based on the time an employee enters and exits a virtual meeting, employers do not allow for the time it takes to turn on computing devices, gather digital files and securely sign in to a remote conference. The Fair Labor Standards Act (FLSA) requires call centers to precisely document all work related hours, which can be very challenging when dealing with telecommuting employees attending mandatory meetings, and workers providing call center services from remote locations.
Whether you’re a small campus security team, you operate a call center who services public safety organizations by recording calls during high volume periods, or you run a company and want to record calls to enhance customer service, it is important to thoroughly explore state and federal call center call recording laws in your area. ATIS Digital provides flexible, innovative communication solutions for capturing, analyzing and managing your organization’s internal and external conversations effectively. Contact a representative today to discuss call center call recording solutions that allow you to manage risks, without losing control of your budget.
