Can You Record Your Customers' Calls?
This is not legal advice. It is a plain-words map so you know what to ask a lawyer. On recording customer calls, the short answer: federal law lets you record a call if you are on it. About a dozen states require everyone on the call to agree. If you call customers in those states, or they call you from them, get everyone's consent. The safest habit is to tell every caller at the start, every time.
Federal Rule for Recording Customer Calls
Under the federal wiretap law, 18 U.S.C. § 2511(2)(d), it is not unlawful to record a call if you are a party to it, or if one party has consented. That is called one-party consent. It is the floor. States can be stricter, and several are.
States That Require Everyone to Agree
These states are commonly listed as requiring the consent of all parties to record a phone call. Citations are the main statutes. Laws change and courts read them differently, so check the current text.
| State | Main Statute |
|---|---|
| California | Penal Code § 632 and § 632.7 |
| Florida | Fla. Stat. § 934.03 |
| Illinois | 720 ILCS 5/14-2 |
| Maryland | Courts and Judicial Proceedings § 10-402 |
| Massachusetts | G.L. c. 272, § 99 |
| Montana | Mont. Code Ann. § 45-8-213 |
| New Hampshire | RSA 570-A:2 |
| Pennsylvania | 18 Pa. C.S. § 5703 and § 5704(4) |
| Washington | RCW 9.73.030 |
A few more states are mixed. Connecticut and Nevada require all-party consent for phone calls but not for in-person talk, while Oregon is the other way round (all-party for in-person talk, one-party for phone calls), according to the Reporters Committee for Freedom of the Press. Delaware and Michigan are unclear in some readings. Counts differ by source, from about eleven to twelve states. Use a current, dated source and read the statute. The Reporters Committee's Reporter's Recording Guide is a respected one, and it says it is not a substitute for a lawyer. Look at the date on whatever you read.
Calls That Cross State Lines
If you are in a one-party state and the customer is in an all-party state, which law applies is not always settled. Many lawyers advise following the stricter one. A tech in Arizona calling a customer in California is the kind of case where you should not guess. The simple fix is to get consent from everyone, always.
How to Get Consent Without a Fuss
- Say it at the start. "This call may be recorded for quality and training." A caller who stays on the line after hearing it has generally been told. Some states want a clearer yes, so say it plainly.
- Use a recorded notice that plays before the call connects, so nobody forgets.
- Put it in writing. Add a line to your service agreement and your website.
- Tell your techs and subs. Their calls count too.
In HeadHoncho, when you turn on Record calls for your extension numbers, both sides hear "This call is recorded." as the call connects. You cannot turn the notice off. See Extension Numbers And Call Recordings and Listen To Recorded Calls. That notice helps, but it does not replace advice for your state.
What to Do With Recordings
- Use them for what you said you would: settling disputes, training, quality.
- Limit who can listen. Do not share a call with someone who was not on it.
- Do not record calls that are private or personal, such as a tech's call to family.
- Keep records of your consent notice.
Quick Answers
Do I Have to Tell My Techs Their Calls Are Recorded?
Yes, tell them. Their calls with customers are recorded too, and the same consent rules apply to the customer on the other end. Ask a lawyer about rules for employees in your state.
Is a Voicemail a Recording?
A voicemail is a message someone chose to leave for you, which is different from a live call being captured. Rules for voicemail and for texts are separate. Ask a lawyer if it matters to you.
Is a Notice at the Start Enough?
It is the usual practice and the best first step. Courts and statutes differ on what counts as consent. Say it clearly, say it every call, and keep a record that you do.
Ask a Lawyer
If you work across several states, or a customer disputes a recording, ask a lawyer in your state before you use or share it. Recording without consent can bring criminal charges and civil damages in some states, which is why it is worth an hour of advice.
This post was written against the sources named, as of 9 November 2026. For more on how a call becomes a job, read How To Track Leads To Booked Jobs.