Background
The Federal Communications Commission (FCC)
has adopted rules regarding the manner in which telephone
companies may record wireline telephone conversations. The FCC
currently has no rules regarding recording of telephone
conversations by individuals, but federal and many state laws
may prohibit this practice.
FCC’s Rules Regarding Telephone Company
Recording of Interstate or International Wireline Telephone
Conversations
The FCC protects the privacy of telephone
conversations by requiring notification before a recording
device is used to record interstate (between different states)
or international wireline calls. Interstate or international
wireline conversations may not be recorded unless the use of the
recording device is:
-
preceded by verbal or written consent of
all parties to the telephone conversation; or
-
preceded by verbal notification that is
recorded at the beginning, and as part of the call, by the
recording party; or
-
accompanied by an automatic tone warning
device, sometimes called a “beep tone,” that automatically
produces a distinct signal that is repeated at regular intervals
during the course of the telephone conversation when the
recording device is in use.
Also, a recording device can only be used if
it can be physically connected to and disconnected from the
telephone line or if it can be switched on and off.
Problems with Recorded Wireline
Conversations
If you think your wireline telephone
conversations are being recorded in violation of these rules,
you can file a complaint with the FCC. There is no charge for
filing a complaint. You can file your complaint using an on-line
complaint form found at
http://esupport.fcc.gov/complaints.htm. You can also file
your complaint with the FCC’s Consumer Center by e-mailing
fccinfo@fcc.gov; calling
1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, D.C. 20554.
What to Include in Your Complaint
The best way to provide all the information
the FCC needs to process your complaint is to complete fully the
on-line complaint form. When you open the on-line complaint
form, you will be asked a series of questions that will take you
to the particular section of the form you need to complete. If
you do not use the on-line complaint form, your complaint, at a
minimum, should indicate:
-
your name, address, e-mail address, and
phone number where you can be reached;
-
the telephone and account numbers that
are the subject of your complaint;
-
the names and phone numbers of any
companies involved in your complaint; and
-
the details of your complaint and any
additional relevant information.
Recording Intrastate Wireline
Conversations
Questions or complaints about recording
intrastate (within the same state) wireline telephone
conversations should be addressed to your state public service
commission. Your public service commission should be able to
tell you whether such recording is legal or illegal and how it
is regulated. Contact information for your state public service
commission can be found at www.naruc.org or in the blue pages or
government section of your local telephone directory.
Wiretapping – Wireline Phones
Wiretapping is regulated by both the state
and federal governments and, if illegal, can be punished by
criminal sanctions. For more information concerning your state
wiretapping laws, contact your state Attorney General’s office.
Look for contact information in the blue
pages or government section of your local telephone directory.
For information concerning federal
wiretapping laws, contact the Federal Bureau of Investigation
(FBI) at:
Federal Bureau of
Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, DC 20535-0001
(202) 324-3000.
You may also visit the FBI’s Web site at
www.fbi.gov.
For More Information
For information regarding
interception or recording of wireless telephone
conversations, see the FCC’s consumer fact sheet on
interception and divulgence of radio communications at
www.fcc.gov/cgb/consumerfacts/interception.html.
For information about
other telecommunications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s Consumer Center
using the information provided for filing a complaint. |
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