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If we keep records of chat sessions between customers and agents, do we have to tell the customer?
We've recently begun using chat as a tool for our customers to communicate with support agents. My boss wants to keep records of these chats, but I'm concerned about the legal aspects. Do we need to inform the customer if we keep the chat logs?
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4 Answers
Great question, Oliver. Of course, you should check with corporate counsel to get a definitive answer to your question from a legal perspective. From a reputation management and marketing point of view, however, why would you NOT tell customers that you're recording those interactions, to make sure you get the details right AND to improve customer care overall? If you're still worried after adding such statements to your customer care processes, you can always offer customers the option of opting out of having those sessions recorded, I suppose, but I would make clear that doing so might limit or slow your company's ability to respond effectively to that customer's issues. Hope this helps, and can't wait to see what others think and recommend!
Federal law allows businesses to record phone conversations as part of the ordinary course of business without obtaining explicit consent. Having said that, businesses generally like to make customers aware of the fact that a call may be recorded. That's why you hear messages like "This call may be monitored for customer service purposes." One very important thing to be aware of though - these laws grew up in the phone world. I don't think it's clear yet how they apply to chat.
Anything you do that has to do with communications with your customers is valuable information - so your boss is smart to want to do this.
Honesty works best in business. Why wouldn't you tell them? There is nothing for you to hide. Most people would understand - as the more we interact on the internet - the more this will become the norm. It is actually the same as getting that message that your conversation will be recorded and monitored when you call big companies. This really doesn't phase many these days.
So I would say yes to both. But I would give them an out as well. Give a one liner option at the top of the disclaimer saying something like: "if you wish to still interact but don't wish to be logged/recorded, then submit inquiries to xx email or please call xx #. Or, if your prospect/customer is uncomfortable with having the chat be saved, then make an exception every now and then and log/write down the general jist of the convo.
In the UK there is a cover all statement which states that any company recording calls makes every reasonable effort to inform all parties and usually a standard disclaimer along the lines of 'your call may/will be recorded for staff training purposes' is often included before you get to the agent. Call data is then stored but is under the control of the Data Protection Act.
The laws around chat appear to be covered by privacy regulations and the Data Protection Act so for my company I would apply the same rigour and processes around chat/social media walls as I do to calls. This would then show that there has been reasonable effort taken to protect the rights of all parties.
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