Listening in

With the

In the past any action for malpractice borne from misinformation given on the telephone has always been a case of the word of the receiver of the information against the word of the service provider. Generally the courts have found in favour of the receiver, as the service provider is usually unable to prove beyond any reasonable doubt that they imparted the correct information.

The need for insurance providers to be able to prove that the listener has understood the information they have been given during a telephone conversation means there is now a massive requirement for specific hardware to record telephone conversations. Additionally it is important that the voice data recorded, can be stored and, if needed, subsequently retrieved to provide irrevocable evidence of a conversation.

Within the next year it is quite likely that it will become a legal requirement for callers to be informed that call recording equipment is installed, even if it is not being used. The responsibility is with the service provider to inform the caller that their call may be recorded. This can be done after the call is answered by using the internal telephone system. However this ties up valuable auto attendant and messaging ports. Alternatively, equipment can be installed on the incoming trunk, before the telephone system, releasing those ports which means that no programming of the telephone system is required.

At present, the need for call recording is said to be greater when specialist advice is being given on the phone, and when that advice could have a bearing on a legal or financial outcome. Within the insurance industry, and in particular in the field of malpractice protection, potential clients are being offered reduced premiums provided they have installed call recording equipment. This might be an indication as to the value the service provider places on 'peace of mind', and might suggest that other industries may be well advised to explore the same route.

The medical insurance industry has embraced call recording with many providers of Healthcare insurance now recommending installation of this equipment. In this sensitive business sector, the solution goes further than providing protection against litigation for malpractice. It is also being used as a useful reference for medical healthcare professionals to retrieve the information and accurately write a historical report of conversations that have taken place. In the field of medical insurance it is, of course, as important for outgoing calls to be recorded as it is for incoming.

The Insurance Ombudsman has said it is always valuable to be able to compile evidence of a verbal conversation, especially as information given on the phone can sometimes be very subjective.

There is little doubt that having the luxury of being able to recall all, or part of a conversation, can remove the element of doubt or the risk of the information being misinterpreted. It is a basic requirement that the information policyholders give insurance providers over the phone is 100% accurate. The fact that a policyholder is aware that their call is being recorded makes this far more likely.

So how do the insurance companies and brokers protect themselves from the threat of litigation? In an ideal world, companies would not be subject to claims of malpractice because information given would in every case be accurate and correctly interpreted. However, we live in a world that is far from ideal. The answer it seems, is to follow in the footsteps of our European partners and introduce legislation that demands the recording of all telephone conversations where the giving of information or advice is the fundamental reason for the call.

This would have the dual purpose of providing archives of conversations that could if needed, be used in court to defend a claim for malpractice and also reassure the caller that the information they are being given is correct.

Call recording, it appears, is here to stay and is going to be as common as the now all too present auto attendant systems. Like it or not, it is for everybody's good.