Call recording laws and regulations can vary depending on the state or country you are calling. It is important to be aware of these differences when making calls.
The content presented in this article is intended solely for informational purposes and does not constitute an exhaustive summary of call recording laws or legal advice for your organization to use in compliance with such laws. The information provided herein is designed to support, not replace, the relationship that exists between you and existing legal counsel. We strongly advise you to consult with an attorney to make sure that this document is correct as it applies to you.
United States
One-Party Consent vs. Two-Party Consent
In the United States, call recording regulations are determined at the state level and typically fall into two categories:
One-Party Consent: In these states, recording a telephone call or an in-person conversation is lawful when at least one participating party consents to the recording.
Two-Party Consent: In these jurisdictions, the consent of all participating parties is required for the recording to be lawful.
One-Party Consent States:
Alabama
Alaska
Arizona
Arkansas
Colorado
District of Columbia
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
West Virginia
Wisconsin
Wyoming
Two-Party Consent States
California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Oregon
Pennsylvania
Vermont
Washington
United Kingdom
There are different recording calls in the United Kingdom, and unless you can guarantee the call won't be shared with any third parties, the U.K. also falls under an "all-parties' consent" jurisdiction.
This means that every participant in the conversation must consent to the recording. For more detailed guidelines, visit Recording Laws UK.
Canada
Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), aligns with an "all-parties' consent" standard.
To record a call lawfully, it's essential to inform other participants that the conversation will be recorded, disclose the purposes of the recording, and affirm that recording is contingent on each person's consent.
For more details. see the Privacy Commissioner's Guidelines for Recording Customer Calls.
You can turn call recording on and off at any time during a call by clicking on the Recording button in the Dialer
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