If one records a telephone call that is interstate, one must advise that they are doing this.
What if I call a business and before they take my call I get a recorded notice “this call may be monitored or recorded”. Does that message also serve as notice for them, or if I wish to also record the conversation do I have to also warn them I’m recording?
Federal law requires one party of the phone call be aware its being recorded: that’s you. You’re aware, so no need to tell anyone.
Some state laws do require both parties to be notified if one party is making a recording. In some of those cases, you have to tell them you’re recording too, in other’s, since it’s known that the call is being recorded, it doesn’t matter that its being recorded twice. - Check the language of the local state laws that apply and consult a lawyer if you plan to actually do this.
Unless you are in a two party state, in which case you’d technically be breaking CA wiretap laws, and any information you glean from the call won’t be admissible as evidence in a court. I believe that’s the case, anyway, as I am not a lawyer.
This earlier thread may be of interest to you: http://boards.straightdope.com/sdmb/showthread.php?t=448984&highlight=telephone+recording
ETA: FWIW, If you tell AT&T you are recording the call (in spite of THEM recording the call) they will tell you they will not help you and you are not allowed to record the call. And if you want to transact business with them, without the call being recorded, they will have a “manager” (read: escalation queue rep) call you back within 24 hours to transact the call without AT&T recording it.
Just as an FYI, some states don’t require an explicit warning. Some will allow a warning “BEEP” that has to be present during the entire conversation.
For instance in Illinois:
So if you heard this but didn’t know what it was you could be legally recorded and not aware
That’s pretty explicit IMHO.