Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#1734884 - 08/24/12 06:11 PM Question about recorded calls
ms.understood Offline
Member
Joined: Jan 2012
Posts: 95
Washington
We use a phone system that allows us to control who's calls are recorded. Currently, our Call Center and our Collections Department are the only two that utilize this function. They have member contact, and they disclose on both inbound and outbound calls that the call is being recorded.

My question is, would there be a regulation out there that prevents us from recording someone's debit or credit card number on that call? Another Credit Union shadowed our team for a day to see if they wanted to purchase the same phone system, and they asked the question, "How do you handle it when someone states their card number on the phone, as it is in violation of "XYZ" regulation to record that?" The person who was asked could not remember the regulation cited, and I can't find anything mentioning this piece.

Is the fact that we disclose the recording immediately keeping us in compliance?

Return to Top
#1735098 - 08/24/12 09:44 PM Re: Question about recorded calls ms.understood
'Lil Freak! Offline
10K Club
'Lil Freak!
Joined: Sep 2005
Posts: 10,596
The psych ward
I can't think of any regulation that prevents you from recording a member's debit or credit card number, but under State law you are required to inform the member that thir call may be recorded. We disclose that the call may be recorded for "training" purposes. I'm sure you may have heard the same canned disclosure before.

You'll want to look at RCW 9.73.030 (basically 1, 1(a), and 3):

Intercepting, recording, or divulging private communication — Consent required — Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.

(2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.

(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
_________________________
No, I didn't lose my mind. It got scared and ran away.

Return to Top
#1997075 - 02/19/15 09:30 PM Re: Question about recorded calls ms.understood
RFBanker Offline
Member
Joined: Jun 2006
Posts: 73
Follow on to this thread - We are having some disagreement at our bank regarding whether paragraph 3 requires each individual recorded call to contain the canned 'call will be recorded' audio as part of each recording? Or is the fact that we play the consent announcement before each call enough?

Return to Top