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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.