The Do's and Don'ts of Telephone Monitoring

Training Provided by Lorman Education Services nMany employers monitor or record employee telephone conversations as a routine part of doing business. This monitoring must comply not only with the federal wiretap statute, but with a variety of differing requirements imposed by state statutes. Since courts in California have changed the rules for telephone monitoring for anyone who makes a call into California and other states with mutual consent rules may follow suit, it is imperative that any company engaging in telephone monitoring for quality assurance or otherwise, review and update their telephone monitoring practices to avoid serious problems. Some state statutes impose more stringent requirements than federal law and impose significant criminal and civil penalties for noncompliance. This teleconference will help companies and individuals who engage in telephone monitoring to understand how to comply with this complex framework of state and federal law.

The Do's and Don'ts of Telephone Monitoring Agenda

1. Federal Law
1. Prior Consent to the Interception
2. Monitor During the Ordinary Course of Business
3. Penalties for Violation of Federal Law
4. Federal Law Does Not Pre-Empt More Restrictive State Regulations
2. State Laws
1. Mutual Consent Requirement
2. Civil Remedy Statutes
3. Which State's Law Applies?
1. Kearney v. Salomon Smith Barney, Inc. 137 P.3d 914 (Cal. 2006)
2. Becker v. Computer Sciences Corp., 541 F.Supp. 694 (SD Tex 1982)
4. Simple Steps to Ensure Compliance
1. "This Call May Be Monitored or Recorded."
2. Employee Consent as a Requirement of Employment

About The Training Provider: Lorman Education Services

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