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Industry Specific Laws for Recording Phone Calls

Aug 1, 2017 BY ATIS DIGITAL

The transportation industry is huge, and multi-pronged. It spans services that range from order processing and logistics to collecting tolls by phone for inter- and intrastate infrastructure projects. All said, the transportation industry is a complex ecosystem with unique customer service opportunities and challenges. One of those challenges is leveraging the power of innovative high-tech solutions without compromising client data. It is a mission critical to stay abreast of ever changing laws for recording phone calls.

Laws for Recording Phone Calls Are Complex

“Consent” can be a complicated issue. Call capture technology offers innovative solutions to enhance training. It also helps companies build customer service policies that outshine their competition. However, myriad agencies govern the laws for recording voice, data and digital conversations. They come from many angles that include intra- and interstate commerce regulations and privacy laws. Even the most well intentioned firm can run afoul of some obscure regulation they never imagined would impact their operation. It’s vital to seek legal counsel or consult with an equipment vendor experienced in setting up a fully-compliant call center. Specifically, look for one built around your industry standards and laws for recording phone calls between customers, vendors and employees.

Covering All Your Bases

Most states only require one party to a conversation to be aware that you are recording your calls. However, there are about a dozen states with laws that require you to inform all parties engaged in the conversation about the policy and consent on record. Consent may be simple. It may involve continuing the call after an automated system informs of the policy. Or, it could mean clicking on an “I Agree” button prior to initiating a chat. Finally, you may need to get verbal acknowledgment when a call center employee states the call is, or may be, recorded for clarity and training purposes.

California requires consent from all parties. However, it allows some (with the keyword being some) businesses who collect personal information such as credit cards and social security numbers, to obtain written permission to record future calls related to customer accounts. So many competing agencies weigh in on which calls require advanced notice and which relieve businesses of the burden to gain consent. The issue gets complex quickly. The best practice is to inform all participants about your policy, and to make an archived copy for future reference.

Sharing Your Archived Files & Protecting Your Assets

There are also restrictions about which data you can store and share, as well as minimum security benchmarks. Gaining consent to record won’t cover your transportation organization if you don’t make it clear how you will share and store audio files. Ideally, your company will advise all incoming callers either through an automated IVR system or call center staff trained to answer each call with a script that never varies.

Financial considerations drive the decision to record, or not record telephone call traffic. For one thing, the costs of winning a lawsuit can be almost as burdensome as losing a legal challenge. Also consider IVR’s impact on customer satisfaction and personalized service. In the end, investing in integrated call capturing technology may be the way to go. You’ll find this solution complies with industry standards and the laws for recording phone calls. Finally, you’ll have a cost-effective solution that limits liability and actually improves customer experiences and service if implemented correctly.

ATIS call center technology provides innovative control solutions for the myriad business models in the transportation industry. Call today to arrange a demo.

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