Introduction

From a legal standpoint, the most critical aspect that determines the legality of a phone call is the consent and knowledge that a phone call is being recorded. Later on we will be going over how this consent varies from state to state, but it’s important to understand that in all states in the US, at least one individual involved with the conversation is aware and consents to having their conversation being recorded. This consent applies to in person conversations (such as in a meeting or a public area where their voice is one of the primary parties engaged within the conversation), telephone calls involving two or more individuals, and video conference calls (such as through a video chat service like Skype or Zoom). 

 

The manner in which parties obtain this consent varies slightly depending on the state, but these laws regarding consent can be broken down into One-Party and All-Party consent states. The manner in which this consent is given can vary depending on the purpose, but a good rule of thumb to use when intending to record a conversation is to verbally let the other party know that this conversation will be recorded. An intent or purpose is not always required, but in the world of customer service and cold calling, this consent is usually given in the manner of a pre recorded warning such as

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