Home FCA Handbook CMCOB CMCOB 2 CMCOB 2.3 Recording and retention of telephone calls and electronic communications
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CMCOB 2.3 Recording and retention of telephone calls and electronic communications

Recording and retention of telephone calls and electronic communications

01/04/2019R

This section applies to telephone calls and electronic communications between the firm and a customer made for the purposes of, or in connection with, a regulated claims management activity carried on by the firm (“relevant communications”).

01/04/2019R

Firms must record all telephone calls and retain all other relevant communications.

01/04/2019G

The requirement to record and retain all relevant communications applies to incoming and outgoing calls, text messages, emails, and other electronic communications between the firm (or a person acting for the firm) and a customer, including calls and communications relating to complaints about the firm.

01/04/2019R

A firm must take all reasonable steps to prevent an employee or contractor from making, sending, or receiving relevant communications:

  1. (1)

    on equipment owned by a person other than the firm; and

  2. (2)

    which the firm is unable to record or retain.

01/04/2019R

A firm must notify a customer at the start of each telephone call (including a call made by voice telephony via the internet) that the call will be recorded.

Retention period

01/04/2019R

The firm must retain telephone call recordings (including recordings of calls made by voice telephony via the internet) for a minimum of 12 months, from the latest of:

  1. (1)

    the customer withdrawing or deciding not to pursue the claim;

  2. (2)

    the settlement of the claim;

  3. (3)

    the conclusion of any legal proceedings commenced in connection with the claim;

  4. (4)

    the conclusion of the handling of any complaint made by the customer to or about the firm, including the handling of the complaint by an alternative dispute resolution scheme (such as the Financial Ombudsman Service);

  5. (5)

    the termination of the agreement between the firm and the customer; and

  6. (6)

    the date of the firm’s last contact (by whatever method) with the customer.

01/04/2019G
  1. (1)

    For the purposes of CMCOB 2.3.6R(2), a claim is settled when the customer receives compensation, damages or redress in respect of the claim.

  2. (2)

    The effect of CMCOB 2.3.6R is that where, for example, the only contact with the customer is a telephone call made with a view to selling the firm’s services, but the customer does not engage the firm, the firm is required to keep a record of that call for at least 12 months. (Firms are reminded that, in relation to cold calling by telephone, the Privacy and Electronic Communications (EC Directive) Regulations 2003 prohibit unsolicited calls for the purposes of direct marketing in relation to claims management services without the consent of the subscriber of the line being called (regulation 21A).)

  3. (3)

    The effect of CMCOB 2.3.6R(4) is as follows. Where the firm would otherwise become entitled to cease to keep the record absent that provision but at that time there is a complaint that has been made and not concluded, the firm must retain that record for a minimum of twelve months from the point at which the complaint has been concluded.