In order to record phone calls, you must obtain consent of one or more parties participating in the call. 

Below are the phone call recording requirements for certain states and countries. 

Please note: the below is not an exhaustive list and this article is intended for informational purposes only and should not be relied upon as legal advice nor as a recommendation or endorsement of any particular legal understanding. My Little Salesman recommends you consult your legal team for accuracy of this information and your interpretation of it.

United States (U.S.)

For the recording of a phone call in the majority of U.S. states, only the consent from one of the participating parties is required ("one-party consent"). With opting to record a call, you give your consent to the recording. Thus, no additional consent is needed.

Exception: the following 13 states require the consent of all participating parties ("all-parties consent") in order to record a call: 

  • California 

  • Connecticut

  • Delaware

  • Florida

  • Illinois

  • Maryland

  • Massachusetts

  • Michigan

  • Montana

  • Nevada

  • New Hampshire

  • Pennsylvania

  • Vermont

  • Washington State

Visit Wikipedia’s page on telephone recording laws or the Digital Media Law Project's article on the basics of state recording laws for more information on the subject.

United Kingdom (U.K.)

As several laws govern the practice of recording calls in the U.K., it is recommended to obtain the consent of all parties participating in a call. 

Exception: you can guarantee that the call won't be shared with any third parties and is being recorded to either gather evidence, ensure regulatory compliance, or prevent crime.

Visit Wikipedia's page on telephone recording laws, Ofcom's FAQ page for the regulations, or VanillaIP's quick summary on the subject.

Ireland

In order to record calls, the purpose of the recording should be explained in detail and the consent of all parties participating in a call needs to be obtained.

Visit the Data Protection Commissioner's FAQ page for more information.

Canada

In order to record a call, the consent of all parties participating in the call is required, as well as the following: 

(1) Notification of the participants of your intention to record the conversation. 

(2) Explanation of any purposes the recording will be used for.

(3) Reassurance that the call may only be recorded with each person's consent.

Visit the Privacy Commissioner's Guidelines for Recording Customer Calls for more information.

Rest of the world

This is not an exhaustive list. My Little Salesman recommends to consult your legal team and to always obtain consent if in doubt.

You have the option of providing a recording disclaimer when the recipient answers the call, or you must personally inform the recipient, when laws require. The default disclaimer will state, "This call is being recorded for quality and training purposes."

If you choose to use the automated disclaimer rather than informing them personally, you can customize the disclaimer via your seller settings page.

Did this answer your question?