In the United States, there are some states that have laws that require you to notify all conversation participants that the conversation is being recorded. Several countries have similar laws. This article will detail recording conversations and what constitutes required consent.
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Understanding Consent and Recording
When using the Sales Dialer, you have the option of recording your calls. However, as privacy is always a concern when communicating, some people might not want their conversations recorded. Private conversations denote a certain level of trust between the conversation participants. To some people, recording a conversation without informing the other conversation participants might be a breach of their trust. In many countries, the law agrees with this.
Recording law often breaks down into which parties need to provide consent for a conversation to be recorded. In some cases, the law requires one-party consent, which means that only one party needs to provide consent. In other cases, the law requires two-party consent, which means that all parties present in the conversation need to provide consent.
To request and obtain consent in the United States, the Federal Communications Commission permits the following:
- A party providing verbal or written consent before recording
- A party providing verbal notification that they are willing to be recorded before recording
- Recording programs making repeated audible beeps at regular intervals during the call
Consent and Recording Laws in the United States
The requirement for consent in recording law varies in the United States on a state-by-state basis. States have laws that differ on which parties in a conversation need to be informed about recording.
Some states require that only one party in the conversation consent to recording, and others require that both parties consent to recording.
Be aware that certain states have laws that have provisions and conditions for consent and recording, such as which forms of media are subject to those laws.
Refer to that state's law for more information on laws on recording and consent.
The following states require that all parties in a conversation consent to recording, without exception:
States with Strict Two-Party Consent Laws | ||||
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• California |
• Florida |
• New Hampshire |
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• Connecticut | • Maryland |
• Pennsylvania |
The following states generally require that all parties to consent to recording, but have certain exceptions or conditions that allow for one-party consent in certain cases:
States with Conditional Two-Party Consent Laws | ||||
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• Delaware |
• Massachusetts |
• Vermont |
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• Hawaii |
• Montana |
• Washington |
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• Illinois |
• Oregon |
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The following states and federal districts require that only one party in a conversation consent to recording:
States with Strict One-Party Consent Laws | ||||
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• Alabama |
• Kentucky |
• North Carolina |
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• Alaska |
• Louisiana |
• North Dakota |
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• Arizona |
• Maine |
• Ohio |
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• Colorado |
• Minnesota |
• Oklahoma |
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• District of Colombia |
• Mississippi |
• South Carolina |
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• Georgia |
• Missouri |
• Tennessee |
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• Hawaii |
• Nebraska |
• Texas |
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• Idaho |
• Nevada |
• Utah |
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• Indiana |
• New Jersey |
• Virginia |
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• Iowa |
• New Mexico |
• West Virginia |
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• Kansas |
• New York |
• Wyoming |
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The following states generally permit one party to consent to recording, but have certain exceptions or conditions that require all parties to consent in certain cases:
States with Conditional One-Party Consent Laws | ||||
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• Michigan |
• Rhode Island |
• Wisconsin |
International Availability, Consent, and Recording
International recording law is not uniform and differs by country. Some countries have well-established laws for recording and consent, and others do not. More than that, not every country requires two-party consent.
As such, Lead Gen & CRM's Sales Dialer will require two-party consent when attempting to record international calls.
Sales Dialer calls can be made from any country or territory, but only certain countries or territories can receive calls. Sales Dialer calls can be made to the following countries and territories:
International Countries and Territories Able to Receive Sales Dialer Calls | ||||
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• Argentina |
• Ireland |
• Poland |
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• Australia |
• Israel |
• Puerto Rico |
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• St. Barthelemy |
• Italy |
• Romania |
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• Brazil |
• Luxembourg |
• Slovakia |
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• Canada |
• Malta |
• South Korea |
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• Denmark |
• Martinique |
• Spain |
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• France |
• Mexico |
• Sweden |
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• French Guiana |
• New Zealand |
• Taiwan |
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• Germany |
• Norway |
• United Kingdom |
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• Hungary |
• Peru |
• United States |
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