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Old 02-10-2015, 12:56 AM   #1 (permalink)
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Join Date: Feb 2015
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Can I legally record a sales call without goin to jail ?

Hello, I live in Pennsylvania and I would like to record a sales call of a prospect and then publish a recording with myself annotating the sale on my public website and client membership area. My intent is to educate my visitors and clients on how to properly guide someone from the open to the close of a sale.

I understand that there is “two-party consent” law in PA. My question is as follows:
If I am in Pennsylvania and they are in a state that doesn’t have the “two party consent” law do I still need to get their permission to publish the recording on my website and do I need to get their permission to make the recording? I am the one on the call. Some states only require a 1 persons consent. Does it matter where I am located or does the law for “two-party consent” depend on the customers(the person I am calling) state only?
So, if they are in a state where “two party consent” is not required then I am legally safe. Is that accurate? I am in PA as previously mentioned. I am worried that just because I am in PA that I am automatically required to get their consent even if they(the person I am selling to) is not in the state has that requirement “2 party consent” law.
2) If I start the conversation with
“This call is recorded for quality and educational purpose,” is that enough to do what I want (publish the recording online)?” Assuming that they say “yes”, can I publish the recording on my website? Do I need to legally ask them if I can do the action of actually publishing this online?
3) Some calls I do are called “live dials” and I know that they will be published while others are not live, but prerecorded and then I choose the best from a pool and published those. Can I start the conversion with “This call may be” not “will be” recorded.
4) No personal information outside their first name and possibly phone number/email will be published. I will bleep out email and phone if it’s illegal to publish that. Would there be legal issues around having their phone number and possibly email on the recording? I will change my call script to make sure their phone number or email address is not on the call when I speak with them, but I will need to setup a bleep button to make sure nothing slips past on the live dials if I am legally required to bleep out phone number / email.
5)If the law for “two-party-consent” is enforced based on where I am located(The caller) then can I get around the law by having my business registered outside of Pennsylvania and my phone number being outside of Pennsylvania (still physically living in Pennsylvania) or is moving to another state my only option ? I need to know if the law is based on the person I am calling or the caller(me).
I can easily call people only in states that don’t have the 2 consent law, but I need a confirmation that this enough or is moving my only option.

Thank you.
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Old 02-10-2015, 08:53 AM   #2 (permalink)
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Join Date: Oct 2012
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If you are going to be using people's voices or anything that will be published you need consent particularly if you are going to use it to make a profit as they can have civil claim for appropriation or invasion of privacy explained here. http://www.legalmatch.com/law-librar...f-privacy.html
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Old 06-10-2015, 12:29 AM   #3 (permalink)
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Why would you want to do this to a prospect without that person's permission? Why don't you want to expressly inform them of what you intend to do with the recording? If wont tell the person, this will be illegal.







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