Telesales Recording convesations

[AshcoAccountants]

I am about to start a telesales campaign and want to record the conversations so that I can play it back and learn on improving my telesales technique.

Does anyone know if I have to tell people that the conversation is being recorded for training purposes before I go into the introduction of the call?

These will be outbound calls, meaning that I will be cold calling prospects. It would be difficult if I had to start off by informing them the call is being recorded, then to go on to introduce myself. I doubt if anyone would stay on the line.

I have posted this in the Legal board, but I thought some of the telesales pro's in here might be able to help.

 

[cjd]

here you go:

Is it legal?

Generally, yes, provided you follow some rules - there are various regulations you should be aware of and the law is different for home use and business use.

In summary, you may record calls at home so long as they are for your own personal use only and you may record calls if you are a business so long you take "all reasonable steps" to inform all parties that you will be recording them. “All reasonable steps” is not defined but may include written warnings on your web site and/or a voice warning.

Most organisations use phrases like these at the beginning of each call:

"For training purposes and your own security, your call may be monitored and recorded."

"In order to ensure excellent customer service, your call may be monitored or recorded."

Less formally, you could just say something like “I’m recording this conversation so that I have a proper record of it, is that ok?”

In some circumstances businesses may record without obtaining consent.

Ofcom’s guidance is here:

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

Please note: Our notes here, like Ofcom’s, are simply an attempt to point you at some of the law regarding recordings; you should obtain your own legal advice if you have any doubts.

Source material:

The interception, recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation. These are the main ones:

Regulation of Investigatory Powers Act 2000 (“RIPA”)
Telecommunication (Lawful Business Practice)(Interception of Communications) Regulations 2000 (“LBP Regulations”
Data Protection Act 1998
Telecommunications (Data Protection and Privacy) Regulations 1999
Human Rights Act 1998

http://www.voipfone.co.uk/Call_Recording.php

 

[AshcoAccountants]

Thanks for the referrences, I will take a look at them.

If I was cold calling them, it would be very akward to say that we are recording this call at the begining of the call. I don't suppose that would go down well with prospects.

 

[AshcoAccountants]

I am still not very clear if clod calling telephone recording is legal without having to notify the person you are calling. The guidance says that businesses don't have to under various situations and these are:

[FONT=Arial, Helvetica, sans-serif][/FONT][FONT=Arial, Helvetica, sans-serif] [/FONT]

• [FONT=Arial, Helvetica, sans-serif]
  [*][FONT=Arial, Helvetica, sans-serif]to provide evidence of a business transaction[/FONT]
  [*][FONT=Arial, Helvetica, sans-serif]to ensure that a business complies with regulatory procedures [/FONT]
  [*][FONT=Arial, Helvetica, sans-serif]to see that quality standards or targets are being met in the interests of national security [/FONT]
  [*][FONT=Arial, Helvetica, sans-serif]to prevent or detect crime to investigate the unauthorised use of a telecom system [/FONT]
  [*][FONT=Arial, Helvetica, sans-serif]to secure the effective operation of the telecom system.[/FONT] [/FONT]

Does this mean it won't be legal for me to record telesales convesations without letting the other party know its being recorded?

 

[cjd]

My guess would be yes, and I suspect that yours would too.

What you do with that information is up to you.

 

[captaincloser]

I cannot help with the legality issue of taping calls. What I do know is that it is used very extensively in the USA particularly Florida(world capital for telesales);It is quite something to hear hundreds of calls played back to customers who COMPLETELY deny having spoken to the company,placed an order, accepted a deal etc .

The sooner taping of all sales calls in the UK becomes not just legal (if that is what is required) but obligatory the better. The big loser is currently NOT the customers it is the trading companies taking orders in good faith to be later rubbished by the Great British public.

Thats where the real scandal is,,not the scam companies but the baying public. Tightening the regulations and making taping obligatory is the answer,There are custom built sytems for this that can call up an old conversation in seconds...then the line goes very quiet as the customer who is bellyaching is rumbled. Some will not éven listen The flip side is a clean up of companies trying to be dishonest too.They would be quickly rumbled

How easy is it for the UK to bring this legislation in ? Should be done for all insurance claims too. There would be far less payouts and lower premiums for all.Maybe it already is under some recorded message

I have known the above for 30 years.There is no elected body even remotely interested in policing the sale by phone industry and never has been. The scandals mentioned on here were going on in different forms (carbon paper ordering,book ordering, advertising, stationery etc . .all the way back to faxed orders, telex orders, special delivery orders..

OFCOM you say ? Pull the other one.Thye are loved by everyone
Sorry, veered straight off topic to the right there.