Sarasota, FL asked in Communications Law and Banking for Florida

Q: Can I record a phone call w/ customer rep if I receive a notice that "This call will be monitored and recorded"?

I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? A representative lied about the results from a "call review" for a payment I made, when I have solid proof of this payment being taken out of my account through posted bank records and verification over the phone in a previous conversation.

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1 Lawyer Answer
James L. Arrasmith
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  • Communications & Internet Law Lawyer
  • Sacramento, CA

A: In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a "two-party consent" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other party (in your case, the customer service representative) is consenting to the recording.

Given this scenario, if you also consent to the recording (which is generally implicit by your continuation of the conversation after the notification), it suggests that both parties are aware and agree to the recording. Therefore, it should be legally permissible for you to record the conversation.

However, it's always a good idea to explicitly state your intention to record the conversation at the beginning of the call for clarity. This approach ensures that all parties are explicitly aware of and consenting to the recording.

Remember, these interpretations can vary, and it's advisable to consult with a legal professional for personalized advice, especially in situations where potential disputes or legal actions may arise from the contents of the recorded conversation.

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