Smart Recording and Call Intelligence

Call recording laws in the United States can be confusing. Different states follow different consent rules, and when calls involve participants in multiple states, compliance becomes even more important.

To help you stay compliant while keeping things simple, we’ve introduced Smart Call Recording. This feature automatically adapts recording behavior based on consent laws and gives you full control over how recordings are handled in your campaigns.

This article explains how call recording laws work and how Smart Call Recording keeps you compliant.

Understanding Call Recording Laws in the United States

In the U.S., call recording is regulated by:

• Federal Law

• State Laws

States generally fall into two categories:

1. One-Party Consent

Only one participant on the call needs to consent to recording.

2. All-Party Consent (often called Two-Party Consent)

Everyone on the call must consent before recording.

What if the call involves different states?

When participants are in different states, the safest approach is to follow the stricter law — meaning you should obtain consent from all parties if any state involved requires it. When in doubt, always obtain explicit consent from everyone on the call.

State-Based Rules for Call Recording and Consent 

Some states have specific nuances:

• Connecticut – Two-party consent for phone calls; one-party for in-person conversations.

• Nevada – Written as one-party in law, but courts interpret it as two-party for phone calls.

• Oregon – Two-party for in-person; one-party for phone calls.

• Maryland – Consent required when there is a reasonable expectation of privacy.

• Vermont – No state law; federal one-party rule applies.

• Michigan & South Dakota – Consent required if the recording party is also participating.

Because of these differences, Smart Recording is designed to follow the strictest applicable law.

How Smart Call Recording Works (US Only)

Smart Call Recording is currently available for U.S.-based campaigns. When you enable call recording in your Call Center (CC) campaign: The system identifies whether a contact belongs to a one-party or all-party consent state. 

The Caller classification is based on:

• ZIP code

• State

• Area code

This ensures the appropriate recording behavior is applied automatically.

Recording Behavior for One-Party Consent States

When a contact belongs to a one-party consent state, you can choose:

Option 1 (Default): Automatically Record the Conversation

With this option, the calls in the campaign are recorded automatically.

Option 2: Allow Agents to Manually Record

Agents can start recording during the call if needed. This option is helpful if you're unsure about consent classification and want agents to confirm verbally before recording.

Recording Behavior for All-Party Consent States

For contacts in all-party consent states, you have four options:

1. Automatically Record the Agent Side Only (Default)

• Only the agent’s voice is recorded.

• The contact’s voice is not recorded.

• Transcript and recording of the agent side are provided.

2. Allow Agents to Manually Record the Conversation

• Agents will see a “Start Recording” button.

• Agents must take verbal consent before starting.

• When recording begins, the contact hears a “call is being recorded” disclaimer.

• Agents can stop and restart recording during the call.

3. Play a Recording Disclaimer and Automatically Record

• A disclaimer is played to the contact.

• The entire call is recorded automatically.

• You can customize the disclaimer message.

• Default message:
  “This call is being recorded for quality purposes.”

4. Do Not Record

• Calls to contacts in all-party consent states will not be recorded.

What Agents See on the agent console while dialing calls

If manual recording is enabled:

• Agents see a Start Recording button.

• A reminder (nudge) appears asking them to ensure verbal consent has been taken.

• Agents can stop and restart recording.

• Nudges appear only when first starting the recording.

Agents are responsible for ensuring consent is properly obtained when required.

Call Recording Outside the United States

For countries outside the U.S, Smart Call Recording is available, However, consent identification is not automated by state. You can choose your preferred recording method based on local regulations.