DOCUMENTATION

Advice and answers
from the Momentum Team

Navigating Sales Call Recording Laws and Regulations
June 12, 2024

Navigating Sales Call Recording Laws and Regulations

A Closer Look at Sales Call Recording Laws and Regulations

Compliance with sales call recording laws is an essential measure for protecting your business and clientele. We provide an exhaustive overview of some crucial regulations to be aware of, and explain how Momentum's Native Consent Collection bolsters your compliance efforts.

A Closer Look at Sales Call Recording Laws and Regulations

United States

State Laws:

One-Party Consent: Some states adhere to the federal one-party consent rule, which dictates that only one party taking part in the call needs to approve the recording.

All-Party Consent: Conversely, other states necessitate consent from all parties involved in the call.

The following states mandate Two-party or All-Party Consent: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington. By default, it can be inferred that the remaining states require One-Party Consent.

Canada

All-Party Consent:

In Canada, each participant in a call must give consent before the commencement of recording. The objective of the recording should be clarified to all participants.

Australia

Office of the Australian Information Commissioner (OAIC) Guidelines:

It's mandatory to inform all parties at the onset of a call if it's going to be recorded or monitored. This gives everyone an option to terminate the call or request a transfer to a non-recorded line (if accessible). In Queensland, recording a telephone conversation when you're a participant is lawful. For a comprehensive understanding of Australia’s call monitoring guidelines, refer to the surveillance and monitoring policy from the Office of the Australian Information Commissioner.

European Union

The General Data Protection Regulation (GDPR):

Imposes stringent conditions for the accumulation and processing of personal data, including call recordings. GDPR mandates explicit consent from all parties engaged in the call.

California

California Consumer Privacy Act (CCPA):

The CCPA provides guidelines on data privacy for residents of California. Several specific provisions exist for the recording of calls, making obtaining consent critical.

Ensuring Compliance with Momentum's Native Consent Collection

To help you abide by these laws, Momentum offers its native consent collection, which includes:

Integration with Zoom and Google Meet: Momentum leverages built-in consent tools from these leading platforms. This guarantees all participants, including your internal team, give their consent before enabling video and audio recording.

Flexible Recording Control: The host of the call retains the ability to turn the recorder on or off at any point. Sales representatives can pause or stop the recording, thereby conforming to participant wishes.

Want to ensure your compliance? Momentum's Two Party Consent Platform capitalizes on technology from industry leaders, assuring that your sales calls comply with all relevant laws and regulations.

Contact Us to learn more about how our solution can keep your sales team compliant and help them seal deals with confidence.