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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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    @RonBeyer please don’t answer in comments – Dale M Feb 1 at 22:33
  • @DaleM I believe at least part of my comment was a legitimate question. – Ron Beyer Feb 1 at 22:56
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    @RonBeyer the questions you raised answered the OP. – Dale M Feb 1 at 23:52
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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 Feb 2 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 Feb 2 at 18:59
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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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