--- title: "AI calls and recording consent by state (US)" description: "Which US states require everyone on a call to consent to recording, the statute for each, and what that means when an AI assistant records a call." url: https://callforme.tel/guides/ai-call-recording-consent-by-state published: 2026-10-06 updated: 2026-10-07 author: CallForMe team, Great Work LLC --- # AI calls and recording consent by state (US) > Most US states let one party to a call record it. About a dozen, including California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania and Washington, require all parties to consent, and several accept a clear announcement at the start of the call. An AI assistant that records should say so in its first sentence. This is not legal advice. When an AI assistant calls a business for you, the call is almost always recorded or transcribed: that's how you get exact prices, times and confirmation numbers back. Whether that's allowed depends on the state. This page lists the states that need more than one party's consent, the statute for each, and what an honest AI call does about it. It is not legal advice. ## One-party and all-party consent Federal law (18 USC 2511(2)(d)) and most states let a person record a call they're part of. That's **one-party consent**. A minority of states require **all parties** to agree. Consent doesn't always mean a signed form: in several of these states a clear announcement at the start, followed by the other person continuing the conversation, counts. ## States that require all parties to consent | State | Statute | Notes | |---|---|---| | California | Penal Code 632, 632.7 | 632.7 covers calls involving cell or cordless phones. CIPA (Penal Code 631) also reaches third parties that listen in or transcribe. | | Connecticut | Gen. Stat. 52-570d | Civil rule. Consent can be written, verbal and recorded, or a recorded warning at the start. The criminal statute is one-party. | | Florida | Stat. 934.03 | All parties to a private conversation. | | Illinois | 720 ILCS 5/14-2 | Covers recording and transcribing private conversations. | | Maryland | Cts. & Jud. Proc. 10-402 | All parties. | | Massachusetts | Gen. Laws ch. 272, sec. 99 | Bars secret recording; open recording with notice is the safe path. | | Montana | Code 45-8-213 | Allows recording when the parties are warned it's happening. | | Nevada | NRS 200.620 | All parties for telephone calls, per the state supreme court in Lane v. Allstate (1998). | | New Hampshire | RSA 570-A:2 | All parties. | | Pennsylvania | 18 Pa.C.S. 5703, 5704 | Courts find implied consent when a party knew or should have known about the recording. | | Washington | RCW 9.73.030 | A recorded announcement at the start counts as consent. | ### States with conflicting rules - **Delaware:** the wiretap law (11 Del. C. 2402) is one-party, while the privacy statute (11 Del. C. 1335) requires all parties. Follow the stricter one. - **Michigan:** the eavesdropping statute (MCL 750.539c) reads as all-party, but the Court of Appeals held in Sullivan v. Gray (1982) that a participant may record. The state supreme court hasn't settled it. ### A common mix-up **Oregon** requires all parties to be told about recordings of in-person conversations, but phone calls are one-party (ORS 165.540). Vermont has no recording statute. ## Transcription and AI vendors Recording isn't the only risk. In 2025 a federal court in California let a class action go forward (Ambriz v. Google) on the theory that an AI vendor transcribing customer service calls could be an unannounced third-party listener under CIPA, because the vendor had the capability to use what it heard. The case concerned businesses' own support lines, not outbound calls, and it hasn't been decided on the merits. The lesson for any AI call is the same: say at the start that the call is recorded, so nobody on the line is surprised. ## What an honest AI call does 1. **Announce it in the first sentence.** CallForMe's assistant opens every call with "Hi, this is an AI assistant calling for {your name}, on a recorded line." The person hears the notice before saying anything that matters. 2. **Stop when someone objects.** If they won't be recorded or won't talk to an automated caller, the assistant says you'll call them directly, ends the call, and reports `refused_ai`. See [will a business hang up on an AI call](/guides/will-a-business-hang-up-on-an-ai-call). 3. **Limit who can hear it.** The recording is available only to the account that placed the call. Public share pages show a redacted transcript and never audio. See [AI call transcripts and recordings](/guides/ai-call-transcript-and-recording). 4. **Don't collect what isn't needed.** The assistant never reads out card numbers, Social Security numbers or passwords, so those never end up in a recording. ## If you build your own AI caller - Put the recording notice in the first sentence, before any question. A notice buried after the greeting can come after the business has already said something. - Repeat the notice if the call is handed to a new person or a new language. A transfer to a manager is a new party. - Keep audio only as long as you need it, and restrict who can play it back. - Disclose AI and recording in the language the call is in. For the federal rules on AI voices (the FCC's 2024 ruling, TCPA consent, caller ID), see [is it legal for AI to call a business](/guides/is-it-legal-for-ai-to-call-a-business). For how CallForMe handles disclosure, opt-outs and caps, see [safety and disclosure](/docs/safety-and-disclosure). ## FAQ ### Is saying "on a recorded line" enough? In most all-party states a clear notice at the start, followed by the other person choosing to keep talking, is how businesses get consent every day. Connecticut, Washington and Montana name a warning or announcement in the statute itself. California courts look at whether the person had a reasonable expectation the call wasn't being recorded. ### Which state's law applies when the caller and the business are in different states? It can be either, and courts have applied the stricter one, including California's when a California resident was recorded from out of state. The safe practice is to announce the recording on every call, wherever it goes. ### Does a transcript count as a recording? Sometimes. Illinois's statute names transcribing, and California's CIPA covers reading or learning the contents of a communication in transit. Treat live transcription the same as recording and announce it. ### What if the business objects to the recording? Then the call shouldn't continue as a recorded call. CallForMe's assistant doesn't argue: it says you'll call them directly, ends the call, and reports the outcome as refused_ai. ### Is this legal advice? No. It's a summary of state statutes as of October 2026. Statutes and case law change, so check with a lawyer for anything high stakes. ## Related - [Can AI book an appointment for you by phone?](https://callforme.tel/guides/ai-book-appointment-by-phone.md)