Call Recording Rules

by Dave Michels

Federal law requires notification of call recording to at least one party. That is supposed to keep away unauthorized wiretaps (yeah right). If you are aware of the recording of your own calls, that puts you in compliance. Unfortunately, some states require notification (not consent) from both parties. I have no idea what happens if it’s a conference call. There is a nice list of states requirements for call recording here.  I am also unclear if it’s enough if the other party notifies you with the typical “this call may be recorded [for quality purposes]” to serve as notification to them as well.

Here’s the list of the states that require two party consent.

  • California
  • Connecticut
  • Delaware
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Nevada
  • New Hampshire
  • Pennsylvania
  • Vermont
  • Washington