Guidelines for Recording Business Conversations

**This article does not replace advice from your legal counsel.

Legal Overview

Businesses often have a need to record conversations that relate to their business, customers, or business dealings. Call recording laws vary at the State and Federal levels. Federal law requires single party consent. 38 states and the District of Columbia have adopted single party consent while 12 states have adopted “two-party” (all participants) consent.^[1]

The challenge of Jurisdiction. The jurisdiction a call falls under is unclear. For example, calls from a one-party consent state to a two-party consent state were ruled to fall under the two-party consent state (California) jurisdiction. 

Our Interpretation

Some call recording vendors suggest varying whether to notify or not notify the other parties on a State by State basis. We believe simplifying complexity and minimizing exposure by adopting a single approach that satisfies the needs of the most restrictive States (e.g. California) by always notifying all parties that the call is being recorded.^[2]

What Constitutes Consent

Most experts agree that implied consent is sufficient and that businesses do not require the other parties to verbally say "I agree to be recorded." This is why, for example, staying on the line after hearing "this call may be recorded," implies consent was given.^[3]

• Verbal notification: Telling the person the call is being recorded.
• Audio notification: A periodic beep in the background of the call.
• Written notification: A written disclaimer on a web form or calendar invite for a scheduled meeting.
• Visual notification: A visual cue in a screen share product indicating the call is being recorded.

Obtaining Recording Consent

While the final decision rests on your legal counsel and their interpretation of how your business should obtain consent, we have outlined 5 Ways to Obtain Recording Consent».