What Is Call Recording Consent?

Recording rules sit in federal wiretap law and in each state’s own statute. Under the federal baseline a call can be recorded if one party to the conversation consents, and the person doing the recording counts as that party. A number of states, often called all-party or two-party states, require everyone on the call to consent. Consent is usually satisfied by a clear notice at the start of the call, such as an announcement that the call may be recorded, followed by the person staying on the line, though how courts treat continuing after a notice varies.

Cold-calling teams record for coaching, dispute resolution, and proof of what was said. A seller who later claims a promise was made, or a complaint about an ignored opt-out, is far easier to resolve with a recording. The catch is that wholesalers call across state lines all day. A call between a caller in one state and an owner in an all-party state is generally best treated under the stricter rule, so most teams play a short notice at the start of every call instead of tracking each state.

Two traps catch teams. One is assuming the notice can wait until the conversation is under way; it should come before anything substantive is discussed. The other is treating recording consent as marketing consent. They are separate questions: agreeing to be recorded says nothing about permission to be texted or called with automated technology. Recordings are also data that can be requested in a dispute, so retention, access, and deletion practices should be written down. VA Horizon runs weekly call reviews for its calling clients, which is why the notice belongs in the script from the first dial.