massachusetts recording consent
Do you have to disclose you are recording a call that is already being recorded?
<p>I'm calling my credit card to dispute being charged twice for something.  When I start to hold for an operator I'm prompted that the call may be recorded for whatever reason.</p>

<p>If I also want to record the conversation for my own records, do I have to disclose that?  IMO they are consenting to being recorded by recording the call, but they never specifically said I could record.</p>

<p>Massachusetts is a 'two-party' state. So you'd have to have consent from them to record. You could probably travel to a 'one-party' state such as one of the states listed <a href="http://www.aapsonline.org/judicial/telephone.htm" rel="nofollow noreferrer">here</a> and call them while recording. In a one-party state, only one of the parties to the conversation needs to know about the recording. In those states you don't even need to inform them. </p>

<p>It would be interesting to see if the law applied to where the call center is located. When calling credit card companies these days, the call may be routed to any number of places depending on call loads, and those places might be out of country as well.</p>

<p>The Massachusetts statute says that is not an "interception" only if made by "a person given prior authority by all parties to such communication". So, if you are making the recording, you must be given prior authority by all parties.</p>
