Call recording consent

Call recording consent (one-party and two-party)

Phone

The legal rules on who must agree before a phone call can be recorded. Some US states need one person's consent, others need everyone's.

What is Call recording consent?

Recording a call without the right consent can break wiretapping laws. In the US, the rules come from federal law and each state's law. One-party consent. Federal law (18 U.S.C. § 2511(2)(d)) and most states allow a call to be recorded when at least one person on the call agrees. That person can be your business. All-party (two-party) consent. A group of states requires everyone on the call to agree. They include California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. A few others have mixed or unclear rules. Calls across state lines. When the caller and the business are in different states, the stricter law may apply. A store with customers everywhere usually plans for all-party consent. How businesses handle it: - Play a clear notice at the start, such as "This call is recorded for quality and training." Staying on the line after a clear notice is widely treated as consent. - Record only what you need, and say why. - Keep recordings only as long as you need them, and limit who can listen. - Follow other laws on recordings that include card numbers or health information. AI on the line doesn't change the rules. If an AI agent records or transcribes a call, the same consent rules apply. How Chargezen handles it: you set a recording policy for your workspace and each number. Recorded calls always start with your notice, the consent setting (one-party, two-party or by jurisdiction) is saved with each recording, and recordings are deleted after the days you choose unless you place a legal hold. This is general information, not legal advice. Check the laws that apply to you and your callers (checked October 17, 2026).

Example

A store in Texas, a one-party state, gets calls from customers in California, an all-party state. It plays "This call may be recorded" before anything else on every recorded call, so it covers the stricter rule.

Why Call recording consent Matters

Recordings help settle disputes and train your team, but recording without the right consent can lead to lawsuits and fines.

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