Call Recording Laws by State

Everyone on the call must agree before you record. Recording without the other party’s permission can be a crime here, so announce it and get consent up front.

One-party vs. all-party

In a one-party state, one person on the call (you) can consent, and that’s enough. In an all-party state, every person has to agree before recording starts. Get it wrong in an all-party state and the recording can be illegal, can’t be used as evidence, and in some states is a crime.

Federal law sets the floor

Federal wiretap law (the Wiretap Act, 18 U.S.C. § 2511) is one-party: as a participant, you may record. States are free to demand more, and when they do, the stricter rule wins. That’s why the all-party states matter even though the federal baseline is permissive.

Interstate calls follow the stricter state

When a call crosses state lines (say a one-party state calling an all-party state), courts often apply the stricter state’s rule. Since a business phone can ring from anywhere, assuming all-party is the cautious default.

Transcribing is still recording

A common myth is that turning a call into text sidesteps recording law. It doesn’t. Consent statutes look at whether the conversation is intercepted and captured, not the file format, so a live transcript is treated like a recording and the same consent rules apply.

Disclosure is what satisfies the law

In practice, the fix is simple: say it. A short, clear notice at the start of the call, saying the call is recorded, gives everyone the chance to consent or hang up, which is exactly what all-party consent asks for.

What is the difference between one-party and all-party consent?

In a one-party consent state, you can record a conversation you are part of as long as you consent. In an all-party (two-party) consent state, every person on the call must agree before you record. Recording without the required consent can be a crime.

Which states require all-party consent to record a call?

As of 2026, thirteen states are generally all-party consent for phone calls: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada (its statute reads one-party, but its supreme court applies all-party to phone calls), New Hampshire, Oregon, Pennsylvania, and Washington. A few others are unsettled, so confirm your own state.

Do I need to tell customers I am recording the call?

In all-party states, yes, you must get their consent first. Even in one-party states, a quick "this call may be recorded" is good practice. And if you call across state lines, the stricter state’s rule may apply, so disclosing is the safe default.

Does an AI receptionist record calls?

First AI Employee records and transcribes calls, and it states at the start of every call that the call is being recorded and transcribed. You remain responsible for the consent and disclosure laws that apply to you, but disclosing on every call is exactly how you stay on the right side of them. Consent laws treat live transcription like recording anyway, so the disclosure, not the format, is what does the legal work.

Is recording a call legal under federal law?

Yes, at the federal level. The federal Wiretap Act (18 U.S.C. § 2511) is a one-party consent rule, so a participant can record. But federal law is only the floor. Your state, or the state you are calling, can require all-party consent, and the stricter rule governs.

What should the recording disclosure actually say?

Keep it short and clear, and say it at the very start: something like "Just so you know, this call is recorded and transcribed." That gives the caller a real chance to consent or hang up, which is what all-party states require. First AI Employee plays this disclosure automatically on every call.