11 states require two-party consent to record calls. If your AI voice agent records calls (and it should), you need to know which states your callers are in. This guide covers all 50 states.
One-party vs. two-party consent
Call recording consent laws fall into two categories:
- One-party consent — only one party to the call needs to consent. Since you (the business) are a party and you consent by recording, no announcement is required. 39 states plus DC follow this rule.
- Two-party (all-party) consent — all parties must consent. This means you must announce "this call may be recorded" at the start, and the caller's continued participation constitutes consent. 11 states follow this rule.
For AI voice agents that record calls, you must comply with the law of the state where the caller is located, not where your business is. If you don't know where the caller is, the safest approach is to announce recording on every call.
Two-party consent states
These 11 states require two-party (all-party) consent for call recording:
| State | Statute | Penalty |
|---|---|---|
| California | Penal Code § 632 | $2,500 per violation, criminal misdemeanor |
| Florida | Fla. Stat. § 934.03 | $5,000 per violation, felony |
| Illinois | 720 ILCS 5/14 | $25,000 per violation, felony |
| Maryland | Cts. & Jud. Proc. § 10-402 | $10,000 per violation, felony |
| Massachusetts | Mass. Gen. Laws ch. 272 § 99 | $5,000 per violation, criminal misdemeanor |
| Michigan | MCL § 750.539c | $2,000 per violation, felony |
| Montana | Mont. Code § 45-8-213 | $1,500 per violation, misdemeanor |
| Nevada | NRS § 200.620 | $5,000 per violation, felony |
| New Hampshire | RSA § 570-A:2 | $2,000 per violation, felony |
| Pennsylvania | 18 Pa. Cons. Stat. § 5703 | $2,500 per violation, felony |
| Washington | RCW § 9.73.030 | $5,000 per violation, felony |
If your business serves customers in any of these states, you must announce call recording at the start of every call.
Disclosure script
For two-party consent states, use this disclosure at the start of every AI call:
"Hi, I'm Riley, ABC Plumbing's virtual assistant. This call may be recorded for quality and training purposes. How can I help you today?"The caller's continued participation after this disclosure constitutes consent. Make sure the disclosure is the first thing the caller hears after the AI greeting.
For one-party consent states, no announcement is legally required, but it's still good practice — callers appreciate transparency, and it eliminates any legal ambiguity.
Detecting caller state
Three approaches for determining which state's laws apply:
- Use caller area code as proxy — if caller's phone number has a California area code, treat as California. Imperfect (people move and keep their numbers) but practical.
- Ask caller's location — "May I ask what state you're calling from?" Adds friction but provides certainty.
- Default to two-party consent — announce recording on every call, regardless of caller location. Safest approach, minimal caller friction.
We recommend option 3 — default to announcing recording on every call. The legal protection is worth the 2-second disclosure.
Recording best practices
- Announce recording at call start — regardless of state, for consistency
- Store recordings securely — encrypted at rest, access-controlled
- Auto-delete after retention period — 90-180 days typical for non-regulated industries
- HIPAA-compliant storage for healthcare — BAA required with platform
- Limit access to recordings — only staff with need-to-know
- Audit access — log who accessed which recording
- Have a deletion process — for customer requests to delete their recordings
- Update privacy policy — disclose call recording practice
Special cases
- Healthcare (HIPAA): recordings containing PHI must be stored in HIPAA-compliant manner with BAA in place. See our HIPAA guide.
- Financial services: additional SEC/FINRA rules may apply for recorded calls involving investment advice
- Insurance: some states require specific disclosure language for insurance calls
- Minors: parental consent may be required for recording calls with minors
- Cross-border calls: international calling involves the other country's recording laws (e.g., Canada requires one-party consent federally but provincial laws vary)
Frequently asked questions
Do I need to announce recording if I only use recordings internally for QA?
Yes in two-party consent states. The law doesn't distinguish between internal and external use — recording without consent is recording without consent, period.
What if the caller hangs up after I announce recording?
That's their right. The announcement is for transparency — some callers (those doing something they don't want recorded) will hang up. That's actually a useful filter.
Can I record calls without announcing it if I'm in a one-party state?
Yes legally, but it's bad practice. Announcing recording builds trust and avoids any legal ambiguity. We recommend announcing on every call regardless of state.
How long should I keep recordings?
90-180 days for most businesses. Longer if regulatory requirements apply (financial services often require 7 years). Have a documented retention policy and auto-delete accordingly.