Legal Issues of VoIP Service in California

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Legal Issues of VoIP Service in California

Legal Issues of VoIP Service in California | Victorville Business Services

Installing a VoIP solution for your Apple Valley or Victorville business can be your first step towards convenience, efficiency and savings; however, a careless approach to some VoIP functions can result in legal issues in California.

Once your new VoIP service is up and running, you will be able to take advantage of several advanced features such as advanced call forwarding, voice applications, call hunt, metrics, analytics, multiple lines, call center functionality, and more. Many business owners are excited by the prospect of being able to monitor phone calls and record them for various purposes; alas, the use of these features should be measured and compliant with federal and state laws.

To Record Or Not To Record?

Seasoned business owners who are familiar with call monitoring and recording laws should be aware that courts across the United States are prepared to treat VoIP communications as traditional telephone systems. To this effect, business owners should either check with their legal departments or with retained attorneys before they start monitoring VoIP calls or recording them.

The NSA spying scandal of the last few years has prompted court systems in the U.S. to treat VoIP calls as if they originated from a landline or mobile system, and the same goes for B2B companies that may place VoIP to VoIP calls. Under federal law, telephone conversations cannot be recorded unless one of the parties agrees to the recording. Consent can be achieved with a notification, but the objection of any of the parties, particularly a customer, can forestall the entire recording effort.

Monitoring VoIP calls made by employees can also be tricky, particularly if the employer determines that the call is not of a business nature and continues monitoring or recording.

In the Golden State, recording VoIP calls may require the consent of all parties; this makes California law a little more stringent than its federal counterpart. What is even more important is that haphazard VoIP recording and monitoring in California is an actual crime that can result in a prison term of less than year plus a fine up to $2,500. A customer who did not consent to a recorded phone call could easily sue for $5,000 or even allege financial losses in the hopes of collecting three times the damage claim.

In the end, the bottom line of VoIP systems and their legal use should be considered by business owners before they start monitoring and recording. Consult with the experts at Sonic Systems to fully understand your options.
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