Call recording disclosure: Laws, tips, & examples

What’s more awkward than telling someone they have something in their teeth? Telling customers their calls may be recorded — and hearing silence on the other line. 

But while call disclosures might feel awkward for a small business, they still show you care enough to be honest. Your customers will appreciate the up-front transparency, and you’ll stay out of legal trouble.

In this guide, you’ll learn how to create a compliant call recording disclosure that keeps your customers and your team members happy.

What is a phone call recording disclosure?

A call recording disclosure is a friendly heads-up saying, ‘Hey, we’re recording this, and here’s why.’ This might be a verbal disclaimer letting the customer know you’re recording l or an automated message followed by a beep at the beginning of the call.

Here’s a quick breakdown:

• What it is: It’s a brief statement informing callers their phone conversation is being recorded.
• How it’s done: You create a call recording disclosure by playing an automated message (like in a phone menu greeting) or reading a call recording disclosure script (usually by the person who started the call). 
• Why it matters: It ensures customers know their call is being recorded, giving them the option to opt out if they want. They’ll also know how the audio will be used, like keeping records using customer service recordings or training reps using sales call recordings.

As a business owner, recording disclosures can give you peace of mind, knowing you won’t face penalties like criminal charges or fines for illegal call recording. Plus, customers always know when they’re being recorded, which builds trust.

One-party vs. two-party consent 

Depending on where you live, the law requires getting one-party or two-party consent (also called all-party consent) for call recordings.

One-party consent is like taking a selfie — you only need your own okay. But two-party consent is like taking a group photo — everyone involved needs to agree.

Consent can be active or passive. Active consent is verbally agreeing to the recording, while passive consent is continuing the call after hearing a call recording disclosure.

No matter where you’re calling from, it’s best to play it safe by informing everyone on the call and getting the consent of all parties before recording.

Disclosure for inbound calls

Adding an automated disclosure to your phone menu greeting means you don’t need to worry about reps reading from a script.

Here’s a quick example:

“Thank you for calling [business/department]. This call may be recorded for customer service quality assurance and training purposes. If you do not wish to be recorded, please hang up now and contact [email] for support.”

Disclosure for outbound calls

If you or a team member is making the call, keep the disclosure short and sweet.

Here’s a simple script you can use:

“Hey [name], this is [your name] calling from [company]. Just a quick heads-up — this call is being recorded to provide better support based on our conversation. Is that okay with you?”

Call recording laws by jurisdiction

Let’s break down call recording compliance by region. Keep in mind that recording laws can be complex and subject to change. You should consult legal counsel or refer to the most recent state statutes for the most accurate and up-to-date information.

US states requiring one-party consent

Most US states (plus Washington DC) are one-party consent states. To recap, you can legally record as long as one person (i.e., you) knows the call is being recorded.

Here’s the full list:

• Alabama
• Alaska
• Arizona
• Arkansas
• Colorado
• District of Columbia
• Georgia
• Hawaii
• Idaho
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Minnesota
• Mississippi
• Missouri
• Nebraska
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont (no state law, so it’s subject to Federal law, which is one-party consent)
• Virginia
• West Virginia
• Wisconsin
• Wyoming

US states requiring two-party consent

Other US states are two-party consent states. This means everyone on the line needs to give their consent before you record a phone call.

Here are the places where you need to be careful:

• California (CA’s call recording laws apply no matter where you’re calling from, according to Kearney v. Solomon Smith Barney, Inc.)
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana (you need a disclosure, but callers don’t have to consent)
• Nevada
• New Hampshire
• Oregon (you need one-party consent for electronic communications and two-party consent for in-person conversations)
• Pennsylvania
• Washington
• Connecticut (same as Oregon)

💡Related: How to legally record phone calls in the US and Canada

Canada’s laws for recording phone calls

Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) requires all-party consent. You can learn more about the specifics by visiting the official site of the Office of the Privacy Commissioner of Canada.

European Union’s (EU) laws

In the EU, GDPR (General Data Protection Regulation) requires all-party consent for call recording. This means callers need a way to opt out, like hanging up the phone or verbally saying ‘no.’

So what if you’re calling from the US to the UK? Laws generally favor wherever the call originated (in other words, whatever your state laws are). That said, you should still err on the side of caution by getting all-party consent before recording any calls.

Best practices for call recording disclosure

Here’s how to write a call recording disclosure:

1. Be concise but clear: Let callers know when you plan on recording and what you plan to do with the audio. Cover all your bases, but don’t overdo it. No one wants to sit through a legal monologue.
2. Train your team: Make sure every employee knows how to handle disclosures through automated or verbal disclosure scripts. If you take the disclosure scripts route, offer role-playing during training and copies of customer service scripts so reps know what to expect.
3. Leverage your phone system’s tools: If your business handles higher call volumes, you might want to leverage automated disclosures. A VoIP phone system like OpenPhone offers customizable phone menus so you can set up automated disclosures in your voicemail greetings. You can also easily review your recordings using call transcriptions and summaries, AI call tags, and more.
4. Regularly check for compliance: If reps rarely record calls, they might forget to ask for consent — risking legal issues and angry customers. A good rule of thumb is to schedule quarterly reviews to ensure automated disclosures are playing and reps are following protocols. You might want to shadow calls and revisit scripts to keep them clear and up to date.
5. Build trust with customers: Call recording disclosures are mostly for legal purposes, but they can also help build customer relationships. Being transparent about the recordings builds trust, and offering to send a transcript can improve communication. 

Customize call recording settings easily with OpenPhone

A clear and compliant call recording disclosure protects your business from legal risks, builds customer trust, and ensures smooth communication without disrupting your team’s workflows. The best part is that you can do this easily with OpenPhone. It takes less than 15 minutes to customize your call recording settings.

Of course, you’ll get plenty of other perks with an OpenPhone account, like unlimited recording storage, automatic call recording, and real-time call logging to your CRM of choice.

All that’s left is to test it for yourself.

Sign up today for a seven-day free trial.

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