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According to FL Statute 934.03 (outside of limited exceptions), you are required to gain all-party consent to record communications deemed to have an expectation of privacy.

It seems this includes when a customer calls a business although I would argue in 2021 no one would be shocked to find out calls to a business are recorded. I digress.

The standard notification we are used to is the recording on connection:

This call may be recorded for quality assurance purposes.

I'm not sure this is necessarily gaining explicit consent but it may be implied if a caller continues. I digress.

I'm curious about the other ways of gaining consent, implied or otherwise.

  1. Could I include in all of my customer contracts that "Calls made to the Company are recorded for quality assurance purposes and, further, calling the Company implies your consent to being recorded."

  2. What if this plays only once per unique phone number calling per month. Does that provide consent to recording all calls?

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    How would you verify that the person you're speaking to is actually a customer who previously consented? In case 1, non-customers could call your number, and in case 2, what if a non-customer calls you from a customer's phone?
    – Nate Eldredge
    Commented Feb 2, 2021 at 1:42
  • You won't be able to verify that, you're right, but you also can't verify they didn't put the phone down when the recording plays. In the case of this "implied consent" that everyone uses, holes abound in the logic used to create consent.
    – Nick
    Commented Feb 2, 2021 at 18:59
  • Our phone system responds dynamically by checking the database in real-time. It can choose to play recordings or not based on he underlying data. In other words, if the inbound phone number is a customer who has signed a contract since the date this language was added, I wouldn't play the recording at all.
    – Nick
    Commented Feb 2, 2021 at 19:03

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When one party to a conversation notifies then other that a telephone call )or other communication) is being or may be recorded, and the second party continues the conversation, that constitutes consent.

I do not think that notifications on previous occasions constitutes consent, but I am not sure of this.

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