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I'm calling my credit card to dispute being charged twice for something. When I start to hold for an operator I'm prompted that the call may be recorded for whatever reason.

If I also want to record the conversation for my own records, do I have to disclose that? IMO they are consenting to being recorded by recording the call, but they never specifically said I could record.

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    When they pick up the phone just comment that you note they are recording the phone call, and they need to be aware you are doing so as well.
    – davidgo
    Apr 7, 2017 at 6:54
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    Hi David, totally agree. I'm just curious if the law says I have to do this or not.
    – Carlos Bribiescas
    Apr 7, 2017 at 13:17

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The Massachusetts statute says that is not an "interception" only if made by "a person given prior authority by all parties to such communication". So, if you are making the recording, you must be given prior authority by all parties.

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    Given that one interpretation of "the call may be recorded" is "we give permission for the call to be recorded", do you agree that the OP already has authority to record the call?
    – James
    Apr 7, 2017 at 12:20
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    @James No. However, be aware that since this is a credit card company, there are special rules that cover recording of calls for financial purposes. I have not reviewed these rules, but they may be relevant. In any case, if it were me I would not record a caller in Massachusetts without getting their consent, even in the financial case.
    – Cicero
    Apr 7, 2017 at 15:24
  • @James the statutory financial institution exception does not apply here. It specifies that it is not a violation "for a financial institution to record telephone communications with its corporate or institutional trading partners in the ordinary course of its business." An individual credit card customer (such as OP) is not a corporate or institutional trading partner.
    – phoog
    Apr 7, 2017 at 17:39
  • I believe that you know this to be the truth, but do you have a citation for this? Although @James was spot on with the point I was trying to make.
    – Carlos Bribiescas
    Apr 12, 2017 at 19:30
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Massachusetts is a 'two-party' state. So you'd have to have consent from them to record. You could probably travel to a 'one-party' state such as one of the states listed here and call them while recording. In a one-party state, only one of the parties to the conversation needs to know about the recording. In those states you don't even need to inform them.

It would be interesting to see if the law applied to where the call center is located. When calling credit card companies these days, the call may be routed to any number of places depending on call loads, and those places might be out of country as well.

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