What is two-party consent?
In some places, every person on a call has to agree before it's recorded, not only the business making the call.
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Two-party consent — Two-party (all-party) consent is the rule, in some US states and other jurisdictions, that every participant must agree before a call is recorded. A business that records calls has to announce it where the stricter rule applies.
Also known as: all-party consent
Why it matters
Call recording laws aren't the same everywhere. Some places follow one-party consent. Only one person on the call has to agree, and that's often the business doing the recording. Others follow two-party, or all-party, consent. There, every single person on the call has to agree before a recording is legal, not only the side that placed it. If your business assumes its own consent is enough, you could be recording calls illegally without knowing it.
What trips businesses up is working out whose rule applies. It isn't only where your business is based. It follows the caller's location too. So a call to someone in a two-party state can need a notice, even if your business sits somewhere with a one-party rule. Most businesses handle this with one notice at the start of every call. That's simpler than trying to work out each caller's location while the phone rings.
What compliant call recording generally requires
- 1
Work out which rule could apply
Look at where your business is and where the caller is, since the stricter rule wins.
- 2
Say it's recorded up front
A clear notice at the start of the call, before the real talk begins.
- 3
Give the caller a way to say no
Under some rules, staying on the line counts as consent. Others need a clear way to opt out.
- 4
Use the same notice every time
Play it on every call, not only some, since you won't always know where the caller is.
The mistake to watch for
Questions
- What is the difference between one-party and two-party consent?
- One-party consent means only one person on the call has to agree to the recording, and that's usually the business itself. Two-party, or all-party, consent needs every person on the call to agree. Where that rule applies, the business agreeing alone isn't enough.
- Whose location determines which consent rule applies?
- It can be either side's, and that's what makes it tricky. A call can fall under a stricter rule because of where the other person is, not only where your business works. This is not legal advice, so confirm the rule for a given call directly.
- Does announcing 'this call may be recorded' satisfy two-party consent?
- A clear notice at the start of the call is the common way to handle it. Whether it meets the law depends on the place and on how the notice is given. This is not legal advice.