Can you legally record phone calls?
Whether you can legally record a phone call depends on the state. Some require only your own consent to record. Others require every participant on the call to agree.
The short answer
- US call recording law is set state by state, not by one federal standard. It splits broadly into one-party consent states, where only one participant (which can be the business itself) needs to consent, and two-party or all-party consent states, where every participant must agree.
- A business operating across several states, or taking calls from anywhere in the country, needs to account for the strictest applicable rule. Do not assume the home state's standard covers every call.
- A recorded or spoken notice at the start of the call, stating that the call may be recorded, is a common way businesses obtain consent in two-party consent states. The specific standard for adequate notice can vary.
- This rule applies the same way to a call handled or recorded by an AI voice agent as to a human-answered call. The consent requirement is about the recording, not about who or what is speaking.
Why one national answer does not exist
Call recording consent in the United States is governed at the state level. That is why searching for "is it legal to record a call" does not produce one clean answer. Some states use a one-party consent standard. As long as one participant on the call, which can be the business itself, consents to the recording, it is lawful, even if the other party was never told. Other states require all-party consent. Every person on the call has to agree before it can be recorded.
The practical complication is calls that cross state lines, which describes most business calling. A company based in a one-party consent state calls, or is called by, someone in a two-party consent state. The generally recommended approach is to treat the call as governed by the stricter of the two standards. Assuming the more permissive rule applies is the riskier bet.
One-party vs. two-party (all-party) consent
| One-party consent states | Two-party / all-party consent states | |
|---|---|---|
| Who must consent | Just one participant, can be the recorder | Every participant on the call |
| Typical practice | Recording without an announced notice is often lawful | A spoken or recorded notice is commonly used to establish consent |
| Cross-state calls | Not automatically safe if the other party is in a two-party state | Governs when a call touches a two-party state |
| Applies to AI-handled calls | Yes, same rule | Yes, same rule |
State lists change; verify current classification for each state involved before relying on it. This is not legal advice.
What to check before recording
Identify every state your calls touch, both where your business operates and where your typical callers are located. Check the current consent classification for each one. Do not assume your home state's rule is the only one that matters. If any call could touch a two-party consent state, build a clear, early notice into the call, whether human or AI-handled, stating that the call may be recorded.
Disclosure: SalesCrew is our product, and inbound and outbound voice calling features are on our roadmap and not shipped today. The consent framework described here applies to any business recording calls through any vendor. Confirming your specific obligations with counsel is the reliable path, not a general summary like this one.
Assume the stricter rule when states differ
Questions
- Which law applies if the caller and the business are in different states?
- When participants are in different states with different rules, the more restrictive state's requirement is commonly treated as the safer standard. A call spanning a one-party and a two-party consent state can fall under the stricter of the two. This is not legal advice.
- Does an automated disclosure at the start of a call count as consent?
- A recorded notice stating the call may be recorded is common practice. It is generally treated as adequate notice in many two-party consent states. Requirements vary by state, so verify the specific standard rather than assuming one script covers every jurisdiction.
- Does this apply to AI voice agents the same way?
- Yes. Call recording consent law applies to how the call is recorded, not to whether a human or an AI is on the other end. An AI-handled call being recorded is subject to the same one-party or two-party rules as any other call.