I deal with this stuff daily... It's not black and white. It really depends where you are and who's on that call...
One-Party vs. Two-Party Consent
In the United States, laws regarding call recording vary by state:
- Most states follow "one-party consent" rules, meaning only one person on the call needs to consent to the recording (typically the person doing the recording).
- Some states require "two-party consent" or "all-party consent," where all participants must agree to be recorded.
Two-Party Consent States
The following states require consent from all parties on a call:
- California
- Connecticut
- Florida
- Illinois
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Pennsylvania
- Washington
Best Practices
Even in one-party consent states, it's generally recommended to:
- Inform all parties that the call is being recorded.
- Obtain explicit consent from everyone, especially if participants are in different states.
- Provide notification at the start of the call, such as "This call is being recorded".
International Considerations
- Canada requires consent from all parties on a call.
- Many other countries like the UK, India, and Germany also require two-party consent.
Business Context
For businesses:
- Federal law allows recording with one-party consent.
- There's a "business telephone" exception allowing employers to record calls on company-provided phones.
- Obtaining consent helps protect against potential legal issues.
In summary, while laws vary, it's safest to get consent from all parties before recording any call, especially in a business context or when participants are in different locations.