Recording Phone Calls in Florida and Obtaining All-Party Consent
<p>According to <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0900-0999/0934/Sections/0934.03.html" rel="nofollow noreferrer">FL Statute 934.03</a> (outside of limited exceptions), you are required to gain all-party consent to record communications deemed to have an expectation of privacy.</p>
<p>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.</p>
<p>The standard notification we are used to is the recording on connection:</p>
<p><em>This call may be recorded for quality assurance purposes.</em></p>
<p>I'm not sure this is necessarily gaining explicit consent but it may be implied if a caller continues. I digress.</p>
<p>I'm curious about the other ways of gaining consent, implied or otherwise.</p>
<ol>
<li><p>Could I include in all of my customer contracts that &quot;Calls made to the Company are recorded for quality assurance purposes and, further, calling the Company implies your consent to being recorded.&quot;</p>
</li>
<li><p>What if this plays only once per unique phone number calling per month. Does that provide consent to recording all calls?</p>
</li>
</ol>

<p>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.</p>
<p>I do not think that notifications on previous occasions constitutes consent, but I am not sure of this.</p>

florida recording consent