SOFTPHONEZRecording a call can be perfectly legal or a serious violation, depending on where you and the other person are. The rules come down to consent: how many people on the call need to agree before you can record. Here is how it works in the US, which states are stricter, and the one simple habit that keeps you compliant almost everywhere.
One-party vs all-party consent
There are two models:
- One-party consent — only one person on the call needs to agree. Since that can be you, you can often record your own conversations.
- All-party consent (also called two-party consent) — every participant must be informed and agree before recording.
US federal law (18 U.S.C. § 2511) is one-party consent. But states can be stricter, and many are. When people on a call are in different states, the safest assumption is that the strictest applicable law governs.
States commonly recognized as all-party consent
These states are widely cited as requiring all parties to consent to recording a private conversation. Treat this as a starting point, not a final legal determination:
| All-party consent (commonly cited) |
|---|
| California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington |
A few other states (for example Connecticut, Michigan, and Oregon) have nuanced or situation-specific rules that are sometimes counted here. Because interpretations shift, confirm your specific state rather than relying on any list.
What about calls across state lines?
If you are in a one-party state and the person you call is in an all-party state, do not assume you are covered. Courts and regulators often apply the stricter state law, and you may not know where the other party actually is. The simplest way to remove the guesswork is to get consent from everyone.
The one habit that keeps you compliant
Announce the recording. A short spoken notice at the start of the call, such as this call may be recorded, informs every party and gives them the chance to consent or hang up. That single step satisfies consent requirements in most jurisdictions and is standard practice for businesses.
In SoftPhonez you can do this automatically with a recording greeting on your Twilio number, so every caller hears the notice before the conversation begins. Recording is off by default and you enable it per number.
International calls
Outside the US, many countries have their own, often stricter, recording and privacy rules (for example under the EU’s GDPR). If you record calls with people abroad, check local law and, again, get consent.