privacy illinois wisconsin telemarketing
Two Party Consent over State Lines
<p>In Illinois, we have a two-party consent law on phone calls, requiring both parties to agree to being recorded. (Or, it seems, simply be told "This call may be recorded for ___ purposes", and you simply continue the phone call.</p>

<p>In Wisconsin, the law is one party. If I drive up to the Wisconsin border with my Illinois Phone number, what takes precedence for that phone call? The registered number's area (my Illinois area code), or the physical location I'm standing when making / receiving the call?</p>

<p>Also, when you state that the call is recorded for ___ purposes, does that have any bearing on the actual use (e.g. they state it is for quality assurance, but instead they use it for marketing, legal, etc)</p>

<p>The first part is a matter of jurisdiction.  I do not believe that simply using a cell phone with an Illinois number will give the Illinois courts jurisdiction, if you're standing in Wisconsin and calling a person in Wisconsin.</p>

<blockquote>
  <p>Also, when you state that the call is recorded for ___ purposes, does
  that have any bearing on the actual use (e.g. they state it is for
  quality assurance, but instead they use it for marketing, legal, etc)</p>
</blockquote>

<p>The use can make a difference.  There's an exemption in <a href="http://ilga.gov/legislation/publicacts/fulltext.asp?Name=098-1142" rel="nofollow noreferrer">Illinois law</a> if a business records if:</p>

<blockquote>
  <p>the monitoring is used for the purpose of service quality control of
  marketing or opinion research or telephone solicitation, the education
  or training of employees or contractors engaged in marketing or
  opinion research or telephone solicitation, or internal research
  related to marketing or opinion research or telephone solicitation</p>
</blockquote>

<p>If they do not use it for these purposes, presumably the exemption would not apply.  In addition:</p>

<blockquote>
  <p>No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained,
  directly or indirectly, under this exemption (j), may be, directly or
  indirectly, furnished to any law enforcement officer, agency, or
  official for any purpose or used in any inquiry or investigation, or
  used, directly or indirectly, in any administrative, judicial, or
  other proceeding, or divulged to any third party.</p>
</blockquote>
