FCC On Recording Telephone Calls

Recording Telephone Conversations

Background

The Federal Communications Commission (FCC) has adopted rules regarding the manner in which telephone companies may record wireline telephone conversations. The FCC currently has no rules regarding recording of telephone conversations by individuals, but federal and many state laws may prohibit this practice.

FCC’s Rules Regarding Telephone Company Recording of Interstate or International Wireline Telephone Conversations

The FCC protects the privacy of telephone conversations by requiring notification before a recording device is used to record interstate (between different states) or international wireline calls. Interstate or international wireline conversations may not be recorded unless the use of the recording device is:

• preceded by verbal or written consent of all parties to the telephone conversation; or
• preceded by verbal notification that is recorded at the beginning, and as part of the call, by the recording party; or
• accompanied by an automatic tone warning device, sometimes called a “beep tone,” that automatically produces a distinct signal that is repeated at regular intervals during the course of the telephone conversation when the recording device is in use.