[asterisk-biz] Call Recording and Legal Issues in the US

[SIP]

The answer is that, unfortunately for you, you can be sued regardless of 
what sort of waiver your customer signs. The argument being that your 
customer may not know all the applicable laws regarding his rights in 
the situation before he signs the waiver (waivers are not terribly 
effective protection in court).

Whether or not whomever is suing you will WIN the suit will rely mostly 
on the law, and you may or may not come out okay in a legal position, 
but the ensuing costs of fighting the legal battle CAN lead to a 
bankruptcy situation.  And, of course, if you're seeking funding rounds 
or business loans, no one will want to give money to a company that may 
lose it all in a legal battle.

Unless you're absolutely certain of the laws of the states in which you 
do business, I would recommend against aiding in the recording of calls 
by customers.

N.


Peter Beckman wrote:
> I'm aware that in some states and in some cases there are differing rules
> about who and when a caller or callee can or cannot record a phone call.
>
> As a service provider, I can easily enable my users to record calls on
> demand, for only some of calls, or for all calls.
>
> The question is, do I need to, in our Terms of Service, specifically say
>
>      "The user is responsible for following all applicable laws regarding
>      call recording.  The user will hold harmless Company and its vendors
>      partners and subsidiaries for violations of any laws regarding call
>      recording."
>
> Or would we be covered by a general you can't sue us clause.
>
> Please -- no conjecture, only reply if you actually know from a good legal
> source the answer.
>
> Beckman
> ---------------------------------------------------------------------------
> Peter Beckman                                                  Internet Guy
> beckman at angryox.com                                 http://www.angryox.com/
> ---------------------------------------------------------------------------
>
> _______________________________________________
> --Bandwidth and Colocation Provided by http://www.api-digital.com--
>
> asterisk-biz mailing list
> To UNSUBSCRIBE or update options visit:
>    http://lists.digium.com/mailman/listinfo/asterisk-biz
>