Call Recording Consent Laws: The Decisions That Matter
The rules about recording phone calls, which differ between states in the United States.
Tomas Lindqvist
Where most projects go wrong
The usual mistakes:
- Recording without notification
- One policy applied to every state
- Recordings kept indefinitely
- Recordings shared beyond authorized staff
What good looks like instead
- Announce recording at the start of calls
- Apply the strictest applicable rule
- Document consent handling in policy
- Restrict access to recordings
- Set retention periods
Why it matters
Some states require every party to consent, so a single national recording policy can break the law in those states.
The specs that matter
| Measure | Figure |
|---|---|
| One-party and all-party states | consent requirements vary by state |
| Cross-border calls | the strictest applicable rule usually governs |
| Notification | recorded line announcements are the common approach |
| Storage | recordings contain personal data |
Knowing when to hand it over
Tip: Bring in help before recording customer calls.
Where this comes from
- Federal Communications Commission — Recording telephone conversations
- California Attorney General — Consumer protection
The figures and practices above come from the sources listed.
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