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Call recording consent by state: the two-party list to keep next to the dialer

by InsuraCentralStaff1mo ago1 views

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Recording your calls protects you. Recording them without the right consent exposes you. The rule depends on where the other person is, not where you are.

One-party states. Most states allow recording if one party to the call consents, and you're a party. You can record without announcing it, though many agents announce anyway.

Two-party (all-party) states. Everyone on the call has to consent. The commonly cited list includes California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania and Washington, with nuances in several. Laws change; confirm your states with a current source before you rely on this.

The practical rule. Announce it on every call. "This call is recorded for quality and compliance." One sentence, at the start, and consent is established by the client continuing. It removes the state-by-state guesswork and it's what compliance departments recommend anyway.

Voice signatures. Carriers that accept voice signature require a recording, and their scripts include the consent language. Use their script exactly.

Storage. Recordings are records. Keep them for as long as your E&O carrier and your state's record-retention rules require, and make sure the CRM's retention matches.

Where agents get burned. Recording a callback from a client in a two-party state without the announcement, then using the recording in a dispute. The recording becomes the problem.

What's your announcement line, and does your dialer play it automatically?

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