Our call center wants to monitor calls to test the quality of the customer service that our employees provide. There is no intention to record the call, just to have a supervisor monitor the discussion and therefore the procedure would not include a statement to the caller that the call might be recorded. If the intent is to monitor only, are there any rules regarding disclosure to the customer.

From my experience with calls I have heard some messages say, "This call may be monitored or recorded for quality assurance". Unless those companies that use this message are over-disclosing I would think you would have to make the customer aware that someone else may be listening. But I am not an expert in this field.

You may want to check your state laws. In my state, the law says that only one party needs to be aware that the call is being monitored or recorded. And since the person or company doing the monitoring or recording is aware of this, there is no further notice required to the other party. Go figure.

CWilliams, Unless I am badly mistaken, that is the way the law works here in Alabama......as long as one is aware.

I have heard that before and I am pretty sure that applies to individuals who record a conversation, but does that also apply to businesses as well?

Definitely check your state law. And if your employees are going to be talking to customers located in other jurisdictions, check those laws also.

Remember -- Linda Tripp faced possible prosecution under state law because of her taping of conversations with Monica Lewinsky without disclosure and consent.

Some state laws prohibit third party eavesdropping without the consent of both parties to tne conversation. You need to look in the criminal law sections of your state code. Michigan's statute reads:

THE MICHIGAN PENAL CODE (EXCERPT)


Act 328 of 1931

MCL 750.539c Eavesdropping upon private conversation. [M.S.A. 28.807(3) ]
Sec. 539c. Any person who is present or who is not present during a private conversation and who wilfully uses any device to eavesdrop upon the conversation without the consent of all parties thereto, or who knowingly aids, employs or procures another person to do the same in violation of this section, is guilty of a felony punishable by imprisonment in a state prison for not more than 2 years or by a fine of not more than $2,000.00, or both.


History: Add. 1966, Act 319, Eff. Mar. 10, 1967 .

If a customer is calling your institution, and a manager is listening to the conversation between a subordinate and the customer, would that be considered 3rd party evesdropping? Both employees are acting on behalf of the institution, and the customer is contacting your institution, not placing a private phone call to a residence.

However, most places to put a disclaimer on the line that says the call may be monitored for quality assurance.

Bonnie, you should know that CA (like MI) requires the consent of all parties. Federal law only requires one party. Check §636 of the CA Penal Code.

The fine for violation is $2,500 per occurrence.