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FeelItInMyPlums profile picture

FeelItInMyPlums

Sales Account Executive

Valued Contributor
Opinionated
Catalyst
+3

Dual Consent States and Gong

Hey all,

I manage a territory in the Northeast, and MA, CT, NH, and even Vermont have dual consent recording laws (meaning you arent legally allowed to record someone without them knowing).


For those of you working patches with Dual or all-party consent states, how do you manage this during cold calling? Obviously recording scheduled meetings etc is easy enough, but starting a cold call with "Hi this call is recorded" is a rough place to start.

Should I record calls without telling people?

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35 comments

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jefe
Arsonist
8
๐Ÿ
One of those strange times where we have LESS regulation in Canada. One party consent rules here.

I don't know how you could start out a cold call with a statement that it's being recorded...

But I wouldn't want to do anything illegal.
Kosta_Konfucius
Politicker
6
Sales Rep
Thats why I never understood gong, I always assumed most states required dual consent. As a rep, I am sure never mentioning it wouldn't be a big deal and little likelihood of getting caught. But a company with hundreds of reps, I would assume eventually they would get caught recording in someway.

Could be as simple as a rep emailing the client the recording on accident, then boom lawsuit
FeelItInMyPlums
Valued Contributor
0
Sales Account Executive
Yeah im curious if this is a real thing. Like could i actually sue someone for recording me without my knowing? Or is the law more focused around not being able to use a recording in a courtroom unless both parties consented to the recording?
Avon
Politicker
2
Senior Account Executive
In my state its considered wiretapping and you can be criminally charged.
TennisandSales
Politicker
4
Head Of Sales
in the companies that I have worked with that have recorded calls, they just did it. and hoped they didnt get called out.

not exactly sure how a person would find out the call was recorded if its a cold call.
FeelItInMyPlums
Valued Contributor
1
Sales Account Executive
thats how its done here today. wondering if id be held personally accountable or if the company would be?
TennisandSales
Politicker
0
Head Of Sales
honestly i think you are fine. if the company came after YOU personally i think that would be pretty extreme.
sketchysales
Politicker
0
Sales Manager
You wouldnt be held personally responsible if its something the company is requiring, implemented and paying for. I would roll with it and not worry personally. On their heads if it blows up which the chances of doing so are extremely limited.

The worst that could happen is you send a bad call to corp who then does a skit with it and then in some freak of nature the person who you called sees the skit and takes it personally and even then its still going to be on the companies head so still wouldnt worry.
TheIncarceration
Politicker
0
SDR Manager
Yea we do the same. We used to try to lead with "this is a recorded line" and that obviously didn't go too well for us
TennisandSales
Politicker
0
Head Of Sales
yeah...that doesnt sound like a great way to increase connect rates haha
Pachacuti
Politicker
4
They call me Daddy, Sales Daddy
Last time I used Gong, in my previous company, they had a thing which automatically told people they were being recorded, but that was for scheduled meetings, demos, etc.

Recording cold calls? That screams big brother.
FeelItInMyPlums
Valued Contributor
3
Sales Account Executive
to be fair they were upfront with me before taking the job about cold call expectations (Im an enterprise AE!!). I'm even fine with the recording. It's just the breaking of the law im uncomfortable with.
Sunbunny31
Politicker
1
Sr Sales Executive ๐Ÿฐ
That would make me VERY nervous too.

Also, if they're willing to do that for a cold call, what else are they willing to break laws for?
CuriousFox
WR Officer
3
๐ŸฆŠ
If it doesn't feel right, don't do it.
CuriousFox
WR Officer
3
๐ŸฆŠ
Also fuck Gong.
SADNESSLieutenant
Politicker
1
Officer of โ™ฅ๏ธ
big oof here.
Sunbunny31
Politicker
1
Sr Sales Executive ๐Ÿฐ
I always ask if it's ok to record the call/demo, etc. If they say no, I turn it off, or don't "admit" the recording app to the room.
FeelItInMyPlums
Valued Contributor
1
Sales Account Executive
when its a scheduled call, totally fair. Im talking about recording random cold calls
Sunbunny31
Politicker
1
Sr Sales Executive ๐Ÿฐ
I mean, our recordings donโ€™t attach themselves to cold calls, but I would be super uncomfortable knowing itโ€™s without consent.
1nbatopshotfan
Politicker
1
Sales
Going to me has always seemed like a class action lawsuit waiting to happen.
1nbatopshotfan
Politicker
2
Sales
Gong fml autocorrect
FeelItInMyPlums
Valued Contributor
0
Sales Account Executive
know any good lawyers :D? maybe this is how I get rich instead of hopping from startup to startup hoping my equity finally amounts to something.
Gasty
Notable Contributor
1
War Room Community Manager
@FeelItInMyPlums: What's your boss' take on this?
FeelItInMyPlums
Valued Contributor
0
Sales Account Executive
I wasn't doing it because of the dual consent. And then he told me to start recording anyways.
ChunkyButters
Tycoon
1
AE
Gong has an alert on our zooms saying it will be recorded.

We use outreach for prospecting, and I was told that outreach gives them that message if the call is being recorded.
FeelItInMyPlums
Valued Contributor
0
Sales Account Executive
Pretty sure outreach does nothing of the sort.
salesking
Politicker
0
Manager of Business Development
Depending on what you are using its possible to record your side of the call which is legal is most states. But its a grey area but you should not record both parties without consent as that is a major violation and could possible get your company sued.
FeelItInMyPlums
Valued Contributor
1
Sales Account Executive
curious if this has ever happened? I feel like if it was a real possibility then orgs everywhere would stop recording their cold calls
salesking
Politicker
0
Manager of Business Development
Its a matter of getting caught... how do you get caught if the other party does not know it even happened? That's why if they do get caught it comes with a serious financial penality
YoursTruly
Politicker
0
Account Executive (SaaS)
That kind of software records the entire conversation and then deletes the other side. If I recall it was Yelp who had an issue because of it.

Its still recording them and therefore you have to say it.
ER0173
Opinionated
0
Sr. Business Development Manager
Always go by what the law says. Your boss can fire you, the state can jail you. Better be safe than sorry. That said, almost every customer service call is recorded, but not cold calls or sales calls.
NoSuperhero
Politicker
0
BDR LEAD
I ignore the rule until told otherwise. Sorry, not sorry but its cringy to hear a salesperson start a sales call with "this call it's being recorded"
Maximas
Tycoon
0
Senior Sales Executive
In this case, I guess the best option would be asking the customer if it's ok to record the call for quality and training purposes if he said no, you can still keep up with your script after leaving a note that he didn't consent to that.
Hence, the call wouldn't be listened to at a later day which is not a big deal since your company has couple of thousands of customers who agreed to be recorded along with not losing your sale.
YoursTruly
Politicker
0
Account Executive (SaaS)
its as simple as saying โ€œhi this is sdr on a recorded lineโ€ and contributing your pitch.

Your company would have a huge liability issue and the fine is per offense. Just say it. Nobody cares.
mrosales
Politicker
0
AE
Don't do it.

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