Note: This document does not constitute legal advice or replace advice from your legal counsel.  You should seek advice from your professional legal counsel to confirm your corporate rules.

The laws of California and certain other states require parties to a recorded telephone call to be notified of such recording. By default, EVA will announce upon joining a telephone call that the call is being recorded. However, if participants join the call after EVA's announcement, or if EVA is on silent mode, this announcement may not be heard. Accordingly, you should inform each participant at the beginning of the call that EVA is recording the call.

How to Announce Naturally:
There are a variety of ways to do this, depending on whether you have scheduled a call in advance, or are using EVA in a more ad-hoc meeting.

Scheduled calls:

If you are sending a calendar invitation, one approach is to disclose in the body of your invitation, letting invitees know that the upcoming call will be recorded. For instance, 

  • Calls with MY COMPANY NAME may be recorded for training and quality purposes.  If at anytime you would like the recording turned off, please let me know.
  • We will be using EVA to listen in and record our conversation for the purposes of accurate, efficient notes and follow up.  All notes can be made available to you.
  • Kyle can't make our call today, so I am using EVA to listen, record and mark the moments that he will need for follow-up.

Ad-Hoc/Unscheduled calls:

On unscheduled calls, you might simply disclose that you are on a recorded line early in the conversation, and then move on to cover the rest of the introduction section of the call. 

  • Hi, this is Jane calling from MY COMPANY NAME on a recorded line. I am excited to talk to you today about XYZ topic.
  • Hi, this is Bob calling from MY COMPANY NAME. I am joined by EVA, an AI assistant that listens in and records the call to automatically takes note for me. I am excited to talk to you today about XYZ topic.
  • Let me add EVA to this call.  EVA will listen, record and make sure I have all the accurate notes to follow up properly from this call.

Internal Team Calls:

For internal team calls we also recommend using EVA, and you can open the conversation by saying. 

  • Hi team.  I've brought EVA into this call to listen, record and take the notes.  I will be sharing the notes with you so we have more organized follow up after this meeting.”
  • We are going to use EVA today to listen and record the conversation.  That way the notes will be more accurate and the team can be more focused and present for our discussion.

Legal Overview:

In the United States, call recording laws vary at the Federal and State level. Federal law requires single party consent. 38 states and the District of Columbia have adopted single party consent. 12 states have adopted “two-party” (all participants) consent.

The Challenge of Jurisdiction:
The jurisdiction a call falls under is unclear. For example, calls from a one-party consent state to a two-party consent state were ruled to fall under the two-party consent state (California) jurisdiction.

Our Suggestion:

We believe simplifying complexity and minimizing exposure by adopting a single approach that satisfies the needs of the most restrictive States (e.g., California) by always notifying all parties that the call is being recorded.

Sources for additional information on this topic include:

“Laws on recording conversations in all 50 states”

- Matthiesen, Wickert & Lehrer - Attorneys at Law

https://www.mwl-law.com/wp-content/uploads/2013/03/LAWS-ON-RECORDING-CONVERSATIONS-CHART.pdf

“Recording Phone Laws and Conversations”

- Digital Media Law Project

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

“Interception and disclosure of wire, oral, or electronic communications prohibited”

- Cornell University Law School

https://www.law.cornell.edu/uscode/text/18/2511

“Call Recording Laws”

-Masergy https://www.masergy.com/sites/default/files/translated_pdfs/english/Laws-About-Call-Recording_1.pdf

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