I think the standard US phrasing is, “This call may be recorded for quality assurance purposes.” It is a warning to you, but also a concession from them that you may record, since it doesn’t say they may record the call, only that it may be recorded.
I’m not sure that is legally reliable… The word “may” has two meanings, one expressing permission, the other expressing possibility. Clearly they are related, but not the same, so maybe the mean “it might be recorded” rather than saying “permission exists to record it”
It doesn’t matter which meaning it is. Either way, if a call might be recorded and you stay on the line, you agree to the possibility of it being recorded. Like wise, them saying the call might be recorded could easily mean it might be recorded by you. There is not an instance where they can consent to only them recording, and not consent to you recording, without a much more legally binding contract.
I always understood it to mean “this call might be recorded” but they are definitely recording. It’s like a cheeky “who knows, maybe we’ll record maybe we won’t” when they are always recording…
If someone offers you punch from a punch bowl and warns you, “there might be piss in it” while taking their own glass and drinking some of the punch, they might nevertheless be annoyed if you piss in their cup. Maybe they were only OK with the piss that was already in the punch. Maybe there was never any piss and they were just saying that as a very weird joke. To call it consent to drinking your piss is wrong.
There’s two important parts to this:
Me recording a conversation / drinking my own piss is not the same as you recording the same conversation / causing me to drink your piss.
A comment about possibility doesn’t necessarily imply consent anyway.
I mean, I’m quite open to the possibility that your interpretation is legally valid in the USA, or in some particular jurisdiction - and maybe you or someone else has a reference to back it up! I’m just saying that it seems kind of shaky just on the face of it, and could imagine a situation where a lawyer lawyers out of it.
And FWIW, I understood it to genuinely mean that sometimes the call is not recorded, because recording every single call might be expensive, or perhaps even some staff object to their calls being recorded. But I’m sure at a lot of places they record them all and use the same “maybe” language.
I think the standard US phrasing is, “This call may be recorded for quality assurance purposes.” It is a warning to you, but also a concession from them that you may record, since it doesn’t say they may record the call, only that it may be recorded.
See, sometimes you really need the passive voice!
I’m not sure that is legally reliable… The word “may” has two meanings, one expressing permission, the other expressing possibility. Clearly they are related, but not the same, so maybe the mean “it might be recorded” rather than saying “permission exists to record it”
It doesn’t matter which meaning it is. Either way, if a call might be recorded and you stay on the line, you agree to the possibility of it being recorded. Like wise, them saying the call might be recorded could easily mean it might be recorded by you. There is not an instance where they can consent to only them recording, and not consent to you recording, without a much more legally binding contract.
I always understood it to mean “this call might be recorded” but they are definitely recording. It’s like a cheeky “who knows, maybe we’ll record maybe we won’t” when they are always recording…
If someone offers you punch from a punch bowl and warns you, “there might be piss in it” while taking their own glass and drinking some of the punch, they might nevertheless be annoyed if you piss in their cup. Maybe they were only OK with the piss that was already in the punch. Maybe there was never any piss and they were just saying that as a very weird joke. To call it consent to drinking your piss is wrong.
There’s two important parts to this:
I mean, I’m quite open to the possibility that your interpretation is legally valid in the USA, or in some particular jurisdiction - and maybe you or someone else has a reference to back it up! I’m just saying that it seems kind of shaky just on the face of it, and could imagine a situation where a lawyer lawyers out of it.
And FWIW, I understood it to genuinely mean that sometimes the call is not recorded, because recording every single call might be expensive, or perhaps even some staff object to their calls being recorded. But I’m sure at a lot of places they record them all and use the same “maybe” language.
By continuing to stay in this call you are obviously agreeing to be recorded unless you have the option to deny the request.
The point is that it’s no longer expected to be private. Therefore wiretap laws don’t apply. (But check with a state lawyer.)