Call Recording Consent (One-Party vs Two-Party)

Call recording consent is the legal permission needed to record a phone call, which in the US depends on whether the state requires one party or all parties to agree.

Federal wiretap law, at 18 U.S.C. 2511(2)(d), allows recording a call if at least one party to the call consents, as long as the recording is not for a criminal or harmful purpose. That is called one-party consent. Many states follow the same approach.

Other states require every party to consent. These are often called two-party or all-party consent states. Examples include California, under Penal Code section 632, along with Florida, Pennsylvania, Washington, and Massachusetts, among others. Rules and court interpretations vary, so check each state.

The tricky part is interstate calls. If your team is in a one-party state and you call someone in an all-party state, the stricter rule may apply. Courts have applied California's law to calls from out of state.

The simple safe approach is to tell everyone on every call that it may be recorded, near the start. For AI agents, that disclosure can be part of the opening line. If the person objects, stop recording or end the call.

Also consider where recordings are stored, who can access them, and how long you keep them. This is general information, not legal advice.

Sources

• 18 U.S.C. 2511 (Cornell LII): https://www.law.cornell.edu/uscode/text/18/2511 (accessed October 17, 2026)
• California Penal Code 632: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=632 (accessed October 17, 2026)

This entry is general information, not legal advice.