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Liability  issues

A recording  provides a useful defense against claims of fraud, regulatory non-compliance  or other misbehavior. In addition, the fact that the call center records  and uses the recordings for monitoring and insuring compliance may be useful in convincing regulators and judges that the company is guilty  - at most - of isolated instances of behavior, rather than broader "patterns of practice."

As the authors of the Frost and Sullivan study (North American Agent Performance Optimization Software Markets, 2002) wrote:

In the contact center space, laws and regulations like the privacy provisions of the Health Insurance Portability and Accounting Act, the Bank Secrecy Act, the Truth and Lending Act and other rules and regulations strongly imply a need for full recording, although it may not be specifically  mandated.

Recording  allows a company to know what its employees are saying to customers, to document those conversations and to take corrective action in the case  of problems. However, a company that records and fails to correct issues  may be subjecting itself to claims that it "should have known"  about problems. A call center with real issues of legal misbehavior should be careful to use its recording capabilities to take all reasonable steps  to correct such issues.

*Content from "Recording and Monitoring Call Center Transactions: A VoiceLog White Paper."

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