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Recording laws and Talk

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Publicado 25 de fev. de 2021

Because we are a nation-wide company we have to abide by the laws of all the states.  Talk only has recording selections for inbound calls. Those are easily accommodated with "your call may be recorded for quality purposes" on the greeting.  

Outbound calls are another matter.  There is no way to disable recording on outbound calls without sacrificing voicemails!  Really? Why?  this makes no sense.  Agents can control call recording on outbound calls but it defaults to Recording ON. 

We need an option to disable outbound recording on talk calls so we can still get voicemails and transcriptions.  

For the record here are the states that require both parties know a call is being recorded and consent to it:

 

  • California
  • Delaware
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Montana
  • Nevada
  • New Hampshire
  • Pennsylvania
  • Washington

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Jenny Gillett

Zendesk Product Manager

Hi Larry and Jason, 

Thank you both for your comments. Let me clarify a couple of points. 

In Talk today we have 4 recording settings:

  • Always record calls : All inbound and outbound calls are recorded.
  • Caller must opt--in (inbound only): Inbound calls are recorded if the caller opts-in by pressing 3. Outbound calls are not recorded.
  • Caller must opt-out (inbound only): Inbound calls are recorded unless the caller opts-out by pressing 3. Outbound calls are recorded.
  • Do not record calls (all): No inbound or outbound calls are recorded.

What is a gap today is the ability to set an opt-in or opt-out consent on the Outbound calls. This is something we have received feedback on and it is in our backlog for future prioritisation. 

For outbound calls the default behaviour is not to record calls, as stated by Jason, it depends on what account setting is configured "Always record calls" or "Do not record calls"

If 'Allow agents to control call recording" setting is selected and 'Do not record calls' is also selected the recording should be OFF at the start of the call. If this is not the case then I would suggest you raise a ticket with our support team so we can look into it for you. 

If 'Do not record calls' is set on the account and Voicemail is also configured, callers will still be able to leave a voicemail and that voicemail will be recorded, Larry, if this is not the case on your account then I would ask that you also raise a ticket with support so we can look into it for you. 

 

I hope this clarifies a few things and just know we have taken the feedback about consent for outbound calls onboard. 

 

Thanks

Jenny

 

 

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+1, copying my comment from here.

It seems that for outbound calling, the default behavior is for calls to be recorded, even with the "Allow agents to control call recording" setting selected.  I want recording to be OFF at the start of a call, while allowing the agent to turn recording on at any time (after receiving consent).

This seems like it would be a make it or break it feature for larger contact centers that absolutely cannot invite the chance a call being recorded without two-party consent.  We can't leave this up to human error, so the recording features are essentially unusable on our outbound support lines.

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Sean Chuang

Zendesk Product Manager

Hello Jason and community members,

I encourage you to try our setting. Per Jenny's comment, if you set the following:

  • Caller must opt--in (inbound only): Inbound calls are recorded if the caller opts-in by pressing 3. Outbound calls are not recorded.

then for an outbound call, when the call is connected, the recording is off by default. Post opt-in (ie by agent asking consent over the unrecorded but connected call), the agent then can start the recording.

Thanks,

Sean

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Jenny Gillett

This was very helpful!  From the description it seemed that Do not record calls (all) would disable call recording entirely, but I didn't realize it could be used in conjunction with Allow agents to control call recording as seen below:

With this setting, I was able to accomplish my use case with separate lines where:

  • Outbound calls on an outbound line are not recorded by default.
  • Agents may toggle call recording on after receiving consent.
  • Calls on an inbound line are recorded by default (with greeting for consent).
  • Inbound calls on the outbound line (ie callbacks) are routed to the inbound line.

Still, +1 for allowing a recorded message for consent at the beginning of an outbound call.

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