Answers

Do you need consent to record calls with customers?

Ascent Vision · Published October 20, 2026

Often, yes. Federal law generally allows a recording when one person on the call agrees, and that person can be you. Florida requires everyone on the call to agree, and some other states may too. Because a caller may be in a stricter state, the safe habit is to tell callers at the start that the call may be recorded, ask whether that is okay, and stop recording if they say no. This is a plain summary, not legal advice.

The federal rule

The federal wiretap law, 18 U.S. Code section 2511, says it is not unlawful for a private person to record a call they are part of, or where "one of the parties to the communication has given prior consent". It does not protect a recording made "for the purpose of committing any criminal or tortious act".

This is a plain summary, not legal advice.

Florida and other all-party states

Florida's law, section 934.03 of the Florida Statutes, allows recording a call when "all of the parties to the communication have given prior consent". Florida requires everyone to agree, and some other states may too, so meeting the federal rule alone may not settle the question when a caller is in one of those states. This summary does not list the other states; if your calls cross state lines, asking everyone is the simplest way to stay on the safe side.

A plain line to ask

Something short works: "Before we start, this call may be recorded so we get your details right. Is that okay?" If the person says yes, note it in your lead record. If they say no, turn recording off and take notes instead. Use the same line on calls you place, and call people back only with the person's consent.

Tools that record for you

Call-tracking services, answering services and AI receptionists can record calls without anyone thinking about it. Check each tool's recording setting, and make sure it either plays a notice that asks for agreement, or someone asks. The related answer on tracking phone call leads covers logging the calls themselves, and the related answer on answering services and AI receptionists covers choosing one.

Sources

1. Legal Information Institute, Cornell Law School, "18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited"
2. Florida Statutes (2026), section 934.03, "Interception and disclosure of wire, oral, or electronic communications prohibited"

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