Glossary/Calls and texts

One-party consent

A legal standard under which only one participant in a conversation needs to consent for it to be recorded lawfully.

Use this definition in team training or when clarifying a sales note.

Definition

In a one-party consent jurisdiction, a recording is generally permitted when at least one person in the conversation consents, which in a business setting is usually the employee on the call. Federal law follows this standard in 18 U.S.C. 2511(2)(d), and many states do too. Others require every party’s consent.

When the parties are in different states, which rule governs is not always obvious and can depend on where the participants and the equipment are. This is general information, not legal advice.

Why it matters

A team that sells into several states cannot assume one policy fits every call. The common practical approach is to give clear notice on every recorded call regardless of where the customer is calling from, and to have counsel confirm the approach for each state.

Back to glossary