united-states california insurance phonecall wiretapping
What is minimum that needs to be said in order to legally record a telephone conversation?
<p>When dealing with unscrupulous companies (especially insurance companies), I have learned that it is essential to record telephone conversations.</p>

<p>Many times, I have been provided with grossly incorrect information, but when I later try to confront them about the false information they have provided, the company simply denies it.  Their unethical behavior relies on the fact that I have no proof of what was previously communicated.</p>

<p>I have repeatedly been told that it is legal for them to record me, but that it is illegal for me to record them.</p>

<p>To my understanding, this is an incorrect understanding of the law.  As long as both parties are notified that the recording is taking place, my understanding is that both parties may lawfully record the call.</p>

<p><strong>I am seeking the minimum required statement that will allow me to lawfully record calls.</strong></p>

<p>I find that if I ask permission to record a call, the person on the other end often gets highly defensive and tells me that recording calls is illegal (which is ironic given that they have often just informed me that they are recording the call).</p>

<p><strong>Instead of asking permission, is it sufficient to simply state that the call is being recorded?  By continuing the call, has the other party provided consent without explicitly being asked?</strong></p>

<p>In order to not violate any laws, what is the verbiage you recommend in order to maximize their willingness to continue with the call being recorded, without scaring them off?</p>

<p>Here are a several ideas to use:</p>

<ol>
<li>I am required to notify you that this call <strong><em>may</em></strong> be recorded.</li>
<li>I am required to notify you that this call <strong><em>is</em></strong> be recorded.</li>
<li>All calls on this line <strong><em>may be</em></strong> recorded.</li>
<li>All calls on this line <strong><em>are</em></strong> recorded.</li>
</ol>

<p>Do all these meet the legal requirements for recording a telephone call?</p>

<p>Which of the above do you recommend, or do you recommend anything better?</p>

<p>Note: The calls currently originate in California (USA), and the companies called are often located in California, but not always.  Some of the calls are with Medicare or CMS (government agencies).</p>

<h2>If they are recording you, you can record them</h2>

<p>Assuming that recording requires two-party consent (not all places do), when they informed you that the call <em>may</em> be recorded, they gave consent to it being recorded (obviously) and you gave consent by not hanging up. The consent requirement has been met so anyone and everyone can record it.</p>

<p>The California wiretapping law applies to "confidential communications", where a party has reasonable expectation of privacy. Organizations often have an announcement that you hear when you are on hold announcing that the conversation may be recorded. If you announce that a conversation is being recorded, there is no reasonable expectation of privacy. They can hang up if they don't want to be recorded, just as you can be when they record you.</p>
