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FL Call Recording Beep allowed?

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  • FL Call Recording Beep allowed?

    In Florida, if you insert a periodic "beep" on a phone call, is that considered receiving consent from the other party on the call ?

  • #2
    Re: FL Call Recording Beep allowed?

    Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. §2511(2)(d)). For example, it would be illegal to record, without notification, the phone calls of people who come into a place of business and ask to use the telephone. Telephone recording laws in most U.S. states require only one party to be aware of the recording, while other states require both parties to be aware. Better practice may be to announce at the beginning of a call that the conversation is being recorded.

    Currently, 12 states require the consent of all parties involved in a particular conversation: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    Accepted forms of notification of recording by a telephone company:

    The Federal Communications Commission defines accepted forms of notification for telephone recording by telephone companies as:
    • Prior verbal (oral) or written notification of all parties to the telephone conversation.
    • Verbal (oral) notification before the recording is made. This is the most commonly used type.
    • An audible beep tone repeated at regular intervals during the call.


    https://en.wikipedia.org/wiki/Teleph...#United_States

    Florida Laws

    When it comes to recording calls, Florida is considered an all-party consent state. This means that you can record calls in Florida -- you just need to have the consent of all parties.

    What is considered consent?

    Statute has determined that simply stating “this conversation may be recorded” is an acceptable form of consent, as the parties are able to hang up if they do not agree. You don’t actually need each party to verbally affirm that they are okay with the call being recorded.

    Is playing a regular beep sound in the background enough notice of recording?

    Florida statute doesn’t say that playing a tone at a regular interval in the background is an acceptable form of recording notification, and it’d likely go to court if disputed. To cover all bases, you’re better off verbally announcing at the beginning of the call that it’s being recorded.

    Comment


    • #3
      Thank you for your question and for the reply from Mr. Questionman. I had the same question about phone call rules in Florida state. Last week received some prerecorded calls from the not US phone number. The robot said that I won in the lottery and needed to contact them as fast as possible to receive the winnings. I never bought a single lottery ticket in my life. I thought this was suspicious and checked the reverse phone number lookup online service https://www.familyorbit.com/blog/che...who-called-me/ this telephone number and acknowledged that it the scammers.

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