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Understand call recording consent

13 US states require all parties on a call to consent to recording. FrontDesk auto-detects when a caller is in a two-party state and plays a consent prompt at the start of the call. Decline = call continues without recording. Accept = full audio recording.

Updated May 20, 20262 min read

Call recording is incredibly useful — for training, dispute resolution, and AI improvement — but it's also one of the most regulated areas of telephony law. FrontDesk handles the legal mechanics automatically so you don't have to think about it.

US recording laws split into two camps:

  • One-party consent (37 states + federal default) — only one person on the call needs to consent. As the practice you're a party to the call, so your consent is enough.
  • Two-party consent (13 states) — every person on the call must consent. You + the caller.

The 13 two-party states are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, Washington.

When the laws of the parties' states differ, courts generally apply the stricter law. So if you're in Texas (1-party) and your caller is in California (2-party), assume 2-party rules.

What FrontDesk does automatically

At the start of every inbound call:

  1. We look up the caller's area code → estimated state
  2. If either you or the caller is in a 2-party state, your AI plays:

    "This call may be recorded for quality and training. Press 1 or say 'yes' to continue, or press 2 to decline recording."

  3. Accept → full audio recording is captured and saved to your Call Logs
  4. Decline → call continues normally; transcript is saved (it's generated live, not from audio); no MP3
  5. No input in 5 seconds → defaults to no recording (safer assumption)

What you'll see in Call Logs

Call hasWhy
Audio + transcriptOne-party state or 2-party with consent accepted
Transcript only, no audio2-party state, consent declined or no response

Customizing the prompt

Settings → AI Voice → Settings tab → Recording Consent Script. You can rewrite the prompt as long as it clearly discloses recording — for example, with your practice's branding ("This is Sunny Dental — your call may be recorded for quality. Say yes to continue, or no to opt out.").

Calls you initiate (outbound)

If your team uses Click-to-Call to initiate an outbound call, the same consent logic runs — the recipient gets the consent prompt before you connect. Outbound calls in two-party states without consent are not recorded.

What's next

Frequently asked questions

Which states require two-party consent?
California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. All other US states are one-party consent, where your consent (as a participant) is sufficient.
How does FrontDesk know what state the caller is in?
We look at the caller's phone number's area code as a proxy. It's not perfect — area codes don't always match current residence — but it's the standard approach used by every legitimate call recording platform. The system errs on the side of asking consent when in doubt.
What if the caller declines consent?
The call continues normally with your AI — they just don't get recorded. We still create a Call Log entry with the transcript (which is generated live, not from audio) and no MP3 file. Your AI is told consent was declined so it doesn't reference "the recording" in conversation.
Can I disable the consent prompt entirely?
Not recommended — you'd be recording without consent in 13 states, which is a misdemeanor in some and a felony in others. If your practice is exclusively in a one-party state and you're certain all callers are local, contact support to discuss your options.

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