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Legal and Litigation Requirements for Recording SMS and Capturing Voice Calls

There are multiple reasons why companies should record text messages, capture voice calls, and other communications data, mainly since various data retention regulations are focusing on them. There are also regulatory and litigation implications for archiving business communications.

The Federal Rules of Civil Procedures or FRCP stated that all emails, communications, files, directives, and requests that are relevant to litigation must be put on legal hold, especially for organizations that are expecting future litigation. Producing such data will likely be required during the investigation process.

The FRCPgoverns the procedures for the civil legal suits in the United States federal courtsto secure the just, speedy, and inexpensive determination of the proceedings. The amendments made to the FRPC resulted in the creation of a category for electronic records that explicitly named emails and instant messages that must be archived.

The amended Rule 26 also stated that all emails and instant messages must be retained alongside other data that will be relevant to a party’s claim or defense in a case.

Failing to preserve communications data can result in sanctions on the party that was unable to retain the electronic data. Firms must be capable of recording WhatsApp calls, keeping text messages, and capturing voice calls to ensure compliance and avoid the implications. See this infographic by Telemessage for more information.

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