# Call recording legalities
**URL:** https://boards.straightdope.com/t/call-recording-legalities/729104
**Category:** In My Humble Opinion
**Created:** [August 27, 2015, 9:19pm UTC](https://boards.straightdope.com/t/call-recording-legalities/729104 "2015-08-27T21:19:15Z")
**Posts on this page:** 4
**Page:** 1
### Author:  [@Skammer](https://boards.straightdope.com/u/Skammer)
#### Post date: [August 27, 2015, 9:19pm UTC](https://boards.straightdope.com/t/call-recording-legalities/729104/1 "2015-08-27T21:19:15Z")
The U.S. has a patchwork of privacy and electronic surveillance laws governing the recording of phone calls. In some jurisdictions only one party on a call is required to be aware if the call is being recorded; other require that all parties to the call be made aware. That’s why when you have to call a call center that operates in multiple states, they always make announcement that the call will or may be recorded. The company may not be legally required to tell you, but they might be, depending on where you are calling from.
So here’s my question: let’s say I want to record my conversation with my bank or cable TV company. While waiting for a rep, I hear the familiar notice that my call will be recorded “to ensure quality service” or whatever. When the rep comes on, am I required to tell them that I am also recording? After all, we are both already aware that the call is being recorded by them. Anyone with experience in this are know if there are any laws that care if I surreptitiously record a conversation that all parties know is already being recorded by someone else?
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### Author:  [@Senegoid](https://boards.straightdope.com/u/Senegoid)
#### Post date: [August 27, 2015, 11:47pm UTC](https://boards.straightdope.com/t/call-recording-legalities/729104/2 "2015-08-27T23:47:25Z")
May I pile some more onto the OP’s question?
When I call a bank (or whatever) and I hear that message saying “This call may be recorded”, I note that it doesn’t specify just _who_ may record it. I interpret that message “This call may be recorded” as being just as much giving _me_ permission to record the call, as it is saying that the other end may record the call. Although that _probably_ isn’t what they actually meant.
Anyone know if this has ever been tested in court, and if so, with what result?
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### Author:  [@splatterpunk](https://boards.straightdope.com/u/splatterpunk)
#### Post date: [August 28, 2015, 1:37am UTC](https://boards.straightdope.com/t/call-recording-legalities/729104/3 "2015-08-28T01:37:04Z")
> [@Senegoid](#):
>
> May I pile some more onto the OP’s question?
>
> When I call a bank (or whatever) and I hear that message saying “This call may be recorded”, I note that it doesn’t specify just _who_ may record it. I interpret that message “This call may be recorded” as being just as much giving _me_ permission to record the call, as it is saying that the other end may record the call. Although that _probably_ isn’t what they actually meant.
Virtually every instance of “this call is being recorded” I’ve ever encountered has been preceded with (or followed by) “for quality and training purposes” (or words to that effect). So, no, I doubt they’re really saying “Please feel free to record this call.”
> [@](#):
>
> Anyone know if this has ever been tested in court, and if so, with what result?
I’m sure if it had been successfully “tested in court” it would have set some kind of precedent, which would have resulted in the common verbiage being reworked to avoid the passive voice. But I don’t know. As the OP says, laws vary widely by jurisdiction on this kind of thing.
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### Author:  [@Senegoid](https://boards.straightdope.com/u/Senegoid)
#### Post date: [August 28, 2015, 4:31am UTC](https://boards.straightdope.com/t/call-recording-legalities/729104/4 "2015-08-28T04:31:50Z")
> [@splatterpunk](#):
>
> **I’m sure if it had been successfully “tested in court” it would have set some kind of precedent, which would have resulted in the common verbiage being reworked to avoid the passive voice.** But I don’t know. As the OP says, laws vary widely by jurisdiction on this kind of thing.
Yes, this for sure, I would bet too.