We record our collection calls and authorizations for one-time ACH loan payments. Are there any specific Illinois laws that would govern the record retention relating to recorded collection calls?

We recommend retaining ACH authorizations for two years, as required by Regulation E and the NACHA Operating Rules.

We are not aware of any record retention requirements applicable to recordings of collection calls. While Illinois law does require customer consent before recording such calls, it does not set any time period for retaining the call recordings. Consequently, the retention timeline for collection call recordings is left to a risk-based decision for your bank.

For resources related to our guidance, please see:

Regulation E, 12 CFR 1005.13(b) (“Any person subject to the Act and this part shall retain evidence of compliance with the requirements imposed by the Act and this part for a period of not less than two years from the date disclosures are required to be made or action is required to be taken.”)

NACHA Operating Rules (2018), Subsection 2.5.15.3, Retention of the Record of Authorization for TEL Entries (“An Originator must retain the original or a copy of the written notice or the original or a duplicate audio recording of the oral authorization for two years from the date of the authorization of a Single Entry TEL Entry. For recurring TEL Entries, an Originator must retain for two years from the termination or revocation of the authorization (i) the original or a duplicate audio recording of the oral authorization, and (ii) evidence that a copy of the authorization was provided to the Receiver in compliance with Regulation E.”)

Illinois Criminal Code, 720 ILCS 5/14-3(j) (“The following activities shall be exempt from the provisions of this Article: . . . (j) The use of a telephone monitoring device by . . . a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when:

(i) the monitoring is used for the purpose of service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and

(ii) the monitoring is used with the consent of at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored.”)

Illinois Criminal Code, 720 ILCS 5/14-3(j) (“For the purposes of this subsection (j), ‘telephone solicitation means a communication through the use of a telephone by live operators: . . . engaging in the solicitation, administration, or collection of bank or retail credit accounts.”)