Picture two rules for taping a conversation. Rule one: as long as you say yes, you can record — that's one-party. Rule two: everyone has to say yes — that's all-party. The catch is a call between, say, Texas (one-party) and California (all-party): the safest move is to follow the strictest state involved, which usually means just disclosing the recording to everyone.
All-party (two-party) consent states
| These states are generally all-party consent |
|---|
| California |
| Delaware |
| Florida |
| Illinois |
| Maryland |
| Massachusetts |
| Montana |
| Nevada (treated as all-party in practice) |
| New Hampshire |
| Pennsylvania |
| Washington |
The rest are generally one-party consent, but several states are nuanced and case law shifts — so treat any list as guidance, not gospel, and default to disclosing the recording to everyone. State wiretap violations can carry criminal as well as civil exposure (see CIPA).
The AI twist
An AI agent often records by default (that's how it transcribes and improves). That makes the recording disclosure non-optional in all-party states — and a smart practice everywhere. Bundle it with the AI disclosure: “This is an AI assistant for [company], and this call is recorded.” One sentence, two requirements handled.
Trace verifies the recording disclosure was actually spoken — on phone calls, Zoom, Google Meet, or any recorded call — and flags the ones that missed it, so an all-party state never becomes a wiretap claim.
Frequently asked questions
Which states require all-party (two-party) consent to record a call?+
Commonly cited all-party states include California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Interpretations evolve, so verify the current rule with counsel.
What law applies when a call crosses state lines?+
There's no perfect federal answer, so the safe practice is to follow the strictest state involved, which usually means disclosing the recording to everyone on the call.
Does an AI agent need to disclose that the call is recorded?+
If the call is recorded (most AI calls are) and anyone is in an all-party state, yes. Disclosing to everyone is the safe default and can be combined with the AI disclosure in one sentence.
Primary sources
We cite primary law. Statutes, rulings, and state laws change, confirm currency before relying on them.
- California CIPA (Cal. Penal Code § 632)
California's all-party (two-party) recording-consent statute.
- 47 U.S.C. § 227 (TCPA)
The federal statute governing autodialed and prerecorded/artificial-voice calls.