CallPalTwo-party consent
Two-party consent — more accurately all-party consent — is a legal requirement that every participant in a conversation agree before it may be recorded. It contrasts with one-party consent, where the agreement of a single participant, including the person doing the recording, is enough.
In the United States, federal law sets a one-party standard and the recording party counts as that party. Roughly a dozen states are generally read as requiring all parties to agree, California, Florida and Illinois among the most commonly cited.
Outbound calling crosses those boundaries constantly, and which state’s law governs a call between two of them is not settled. The practical answer most teams reach is to disclose on every call regardless of where it lands.
That is why an automatic recording disclosure, played before the call connects, is more defensible than a script a rep is meant to remember: a system that plays the announcement and logs that it played produces evidence, and a script does not. None of this is legal advice.
Related terms
- Call recording disclosureThe announcement telling the other party the call is being recorded.
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