Understanding one-party vs. two-party consent requirements for call recording in your state.
Call recording is disabled on every new account. You must explicitly opt in via Compliance Settings.
When recording is enabled, a mandatory announcement notifies callers that the call may be recorded before any conversation begins.
By enabling call recording, you accept full legal responsibility for compliance with applicable state and federal recording laws in every jurisdiction where your callers are located.
Recordings are stored with AES-256 encryption and accessible only to authorized account users. Retention periods are configurable in your settings.
The key distinction in U.S. call recording law is whether one party to the call (typically the business) or all parties (both business and caller) must consent to the recording.
Only one person on the call needs to consent. Since the business is a party to the call, recording is generally permitted without notifying the caller.
Examples: New York, Texas, Florida (interstate calls), most federal jurisdictions
All parties must consent to the recording. Failing to notify callers can result in civil or criminal penalties. Call IQ's recording announcement satisfies this requirement.
Examples: California, Illinois, Maryland, Massachusetts, Washington, Connecticut, Pennsylvania
Regardless of your state, Call IQ recommends always enabling the caller consent announcement when recording is active. It protects you in two-party consent states, and in one-party states it builds caller trust. The announcement is brief, professional, and does not significantly affect call conversion rates.
Courts have generally held that the stricter state's law applies when business and caller are in different states. If your caller is in California, California's two-party consent rules may apply even if your business is in a one-party state.
Yes. Call IQ plays the consent announcement before any substantive conversation begins, ensuring compliance even in the strictest jurisdictions.
Yes, on Professional and Enterprise plans. You can customize the exact wording within guidelines we provide. The announcement must still clearly disclose that the call may be recorded.
You can configure Call IQ to offer the caller an option to continue without recording. If they decline and you've enabled that option, the call proceeds unrecorded and a note is logged in your dashboard.
Our team can walk you through the right compliance settings for your industry and state.