September 11, 2008
Record Phone Conversations Secretely
Ever wish you could record phone conversations with a client and refer to what they said later, either to confirm your memory or to confirm theirs? While many people think recording telephone conversations is against the law, it’s actually not unlawful in many situations.
If you let the other person know you’re recording, and they give their consent, recording your conversation is always legal. As long as the parties involved in the call give their consent, you can record as many conversations as you want, always getting consent before each one.
If your aim is to capture business conversations for the record, getting permission and recording the call should be very simple. You might also offer to give your client a copy of the recording so that you know you’re both operating from the same playbook, so to speak.
On the other hand, if you’re recording someone without their knowledge, especially if your intent is to embarrass them or do some harm to them with the recording, then the answer is, “No, you should not do this.” Not only is it possibly or even probably against the law, but it is usually a stupid move.
To recap:
If you’re recording conversations for a legitimate purpose, such as confirming business arrangements, keeping a record of an agreement with a vendor, or keeping up with the legalese your lawyer spits out, yes, you should record these conversations if you find it helpful.
If your intent in recording phone conversations is malicious, no, you should not record these conversations, and you should examine your motives for wanting to, because it’s hardly ever a good idea.
You can record phone conversations legally as long as both parties have consented to the recording. In many other instances you can record if one party knows, but you will need to check the laws in your location as well as the other party’s location, to be sure.


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