Understanding Call Tracking and Call Recording Laws

Mar 27, 2020 9:00:00 AM / by Ahmed Reza

Call Recording Laws1

Call tracking is both popular and essential for today’s business owner because it improves both customer experience and marketing. So it's important to know the legal aspects of call recording.

Federal law requires that at least one party taking part in the call must be notified of the call being recorded. This applies in only some U.S. states while others require both parties to be aware of the recording.

Whether it's a customer, a co-worker, or a personal call we recommend letting all parties know about the recording as soon as someone picks up the phone. In the event of a patient call, the recording and the call tracking provider should be a HIPAA compliant call recording service.

What is Call Tracking?

Call tracking lets you know the origin of each incoming call. Whether they found your website, got your flyer, or saw your billboard they each have a separate number that forwards to your office phone so you will know which advertising brought in a call.

Before this happens, however, you will need tracking numbers. What are tracking numbers? These are numbers assigned to each advertising campaign you are running or planning to run. Whether it's offline or online, the tracking number when dialed will show the campaign assigned to it on your calls dashboard.

On your dashboard you can see your call recordings, their sources, keywords used, and/or pages he or she viewed before placing the call. 

For online campaigns, a script installed in your website will dynamically show the number assigned to the campaign the visitor came from. Let's say your customer saw a Facebook ad of your business, clicked on the ad and was directed to your website, the number that customer will see on your website is the number assigned to your Facebook Ads campaign. When they pick up their phone and call your business, the call will be recorded and easily available in your dashboard.

For states that only require one party to be informed about a call being recorded, your company counts as the one party. That means in these states you’re under no legal obligation to notify callers.

However, in the following states all parties must know about the recording:

  • California
  • Connecticut
  • Florida
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Montana
  • New Hampshire
  • Pennsylvania
  • Washington

Unfortunately, the law isn’t as straightforward as it seems. If you do business in a one-party consent state and the person calling is from an all-party consent state, the laws in the caller's home state could override yours. Because of this we implement a short message at the start of each call informing callers that the call is being recorded for quality assurance purposes.

Call Tracking Compliance for Healthcare Companies

The Health Insurance Portability and Accountability Act (HIPAA) was passed to ensure protected health information over the telephone. Call Sumo observes HIPAA-compliant call tracking and recording plans to ensure our customers never  violate the law.

Topics: Call Tracking, Call Recording

Ahmed Reza

Written by Ahmed Reza

CoFounder TrepHub, Founder DentalWebNow, Milken Scholar, Entrepreneur, Hacker, Designer, Builder, GearHead, Mad Scientist & most importantly: DAD!