One-party vs. all-party consent
Recording laws come in two broad flavors, and the difference is simply how many people have to agree to the recording:
- One-party consent — only one person on the call needs to consent. Since you’re on the call and you chose to record it, that person can be you. Many places work this way, including U.S. federal law and most U.S. states.
- All-party consent (sometimes called “two-party consent”) — everyone on the call must be told about the recording and agree to it before it begins.
In the U.S., federal law sets a one-party-consent floor, but each state can require more. When the people on a call are in different states, the stricter state’s rule can apply — so a mix of locations usually means you should follow all-party rules to be safe.
When in doubt, make the recording known
The simplest way to stay on the right side of an all-party rule is to make sure everyone knows the call is being recorded: tell the people on the call that you’re recording, and let them agree, before you start.
Announcing the recording is a good habit even where the law doesn’t strictly require it.
Where to check the current rules
For the rules by U.S. state, see Justia’s survey:
Justia — Recording Phone Calls and Conversations: 50-State Survey →
For other countries, see Wikipedia’s overview:
Wikipedia — Telephone call recording laws →
You are responsible for complying with the recording laws that apply to you. CallCapture gives you tools to record responsibly, but the decision to record — and doing it lawfully — is yours.