The article below is a brief overview of call recording laws in the United States as of November 2017. Please note we are not lawyers and this should not be taken as legal advice.
We’re in the business of making it easier to index and search your voice data — of course, that requires actually recording calls. But certain states have important disclosure requirements for call recording, so here’s a helpful guide.
The Easiest Method
By far, the easiest method to cover legal liability is to simply disclose call recording every time. By default, Jog.ai will handle this disclosure on conference calls, and our users often are often surprised to discover that their callers actually prefer calls to be recorded as long as the interactive transcript is shared to the group after. Doing so means everyone on the call has access to the transcript, audio, and call notes.
Single-Party and All-Party Consent States
But in some cases, you may not want to tell the other person a call is being recorded simply because it might make things awkward. To do this appropriately, you must know the rules in the state you are currently in AND in the state the other person is currently in. Unfortunately, you can’t rely on the area code to inform you.
It’s safest to comply with the most restrictive state law. In other words, if you are in a one-party consent state, but are calling to an all-party consent state, you should notify everyone.
Here are the states that require everyone on the call to consent to the call being recorded:
Delaware and Vermont are tricky cases due to conflicting laws about call recording, so better to be safe than sorry when calling to or from these states.
All other states and the District of Columbia only require one party to consent.
For more information on the subject of call recording, we recommend the Digital Media Law Project’s article on some of the basics of state recording laws or even Wikipedia’s page on telephone recording laws.