Call recording consent

Call recording consent rules decide whether you may record a phone call and whose permission you need. They matter for any business that records calls for quality, training or record-keeping, and for AI receptionists and voice agents, which often record or transcribe calls.

The federal rule

US federal law, 18 U.S.C. § 2511(2)(d), allows a private person to record a call they are part of, or one where a participant has given prior consent, unless the recording is made to commit a criminal or tortious act. This is known as one-party consent.

State rules differ

States can set stricter rules, and some do. California Penal Code § 632, for example, prohibits recording a confidential communication without the consent of all parties. A communication is confidential when the circumstances reasonably indicate that a participant wants it kept between the parties.

When callers are in different states, more than one state's law may be relevant. A common cautious practice is to announce the recording at the start of every call. Outside the US, privacy and data protection laws can add rules on how recordings are stored and used.

AI receptionists and voice agents

If an AI system records or transcribes calls, the same consent questions arise. A short opening line can handle both recording and transparency, for example: "You're speaking with our AI assistant, and this call may be recorded." Callers who object should have another option, such as a callback from a staff member.

How it relates to Worcia

Recording notices and AI disclosure are decisions to make when setting up Concierge, Worcia's AI receptionist. Read Are AI phone calls legal? for consent, disclosure and recording rules together.