How do you record the consent itself? Or is it going to be a case of he said/she said? I'd assume you'd need proof that you had asked for consent prior.
Because you can hang up if you aren't. Additionally, I imagine upon reaching an individual immediately stating you do not consent to being recorded will likely trigger the appropriate outcome.
If you're entering into an actual contract verbally (e.g. applying for insurance or a mortgage over the phone), they'll typically go out of their way to ask if you're okay with the recording. They don't want even the slightest admissablility issue, and they want you to know you're giving a binding verbal signature.
If you're just talking to a low-level customer support rep, the stakes are a lot lower.
I suppose using a call recording device for a fixed line telephone, or an app for a smartphone.
> I'd assume you'd need proof that you had asked for consent prior.
My point is: even if you neglect to ask for consent, no company is going to sic their lawyers on you if you play back to them a call recording that proves they lied and therefore failed to meet their contractual obligations.
Edit: Oh, sorry, I see what you mean now about recording consent. You start by recording the call by default, if the other party requests the call not be recorded you cease recording. It would probably be okay to retain that portion of the recording.
