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How To Record Calls and Stay Compliant in 2025

Consent Requirements for Legal Phone Call Recording Important: The Eleventh Circuit Court’s January 24, 2025 ruling vacated key portions of…

How To Record Calls and Stay Compliant in 2025

3rd February 2025

Consent Requirements for Legal Phone Call Recording

Important: The Eleventh Circuit Court’s January 24, 2025 ruling vacated key portions of the FCC’s 2023 Order on robocall regulations, impacting prior express consent for telemarketing and advertising calls. While the ruling focuses on robocalls, it could affect call recording practices in marketing. Businesses may need to ensure explicit consent is obtained before recording telemarketing or automated calls to remain compliant with TCPA consent requirements.

It’s no secret that phone calls remain the most profitable traffic channel, converting times more leads than any other channel. But it’s not always easy to generate callers: even if you have great marketing hooks in place, you must also stay compliant, including state-specific privacy laws and nationwide regulations like FCC’s TCPA.

The same goes for call recording. As indispensable as it is for lead generation – among other things, call recordings help analyze inbound phone calls and develop effective lead routing strategies – you cannot record phone calls just like that, especially ATDS calls.

You must stick to the FCC call recordings compliance best practices for all inbound and outbound marketing calls you record.

Read on to learn how you can record calls and stay compliant in 2025.

The Strategic Role of Call Recording

Call recording laws in the U.S. are shaped by both federal and state regulations, with the FCC overseeing things on the national level.

  • In one-party consent states, only one person’s approval is needed to record a conversation
  • In two-party consent states, both parties must agree for the phone call to be recorded

Of course, you’d like to run a compliant contact center and record as many calls as possible. Then you can use these recordings to train employees, resolve disputes, and continuously improve caller experience. And maybe you can record all business calls – if you abide by the laws and have the right call recording software in place.

FCC Regulations and TCPA Consent Requirements

The Federal Communications Commission (FCC) sets clear guidelines for call recordings through its TCPA Act:

FCC 1-to-1 Consent Rule When calls cross state lines, businesses must comply with the strictest applicable law.
FCC Lead Generation The FCC requires prior express written consent for marketing communications.
TCPA Consent Requirements TCPA mandates prior express consent for automated calls, including telemarketing and lead generation calls.

The gist is: Before recording a call, you must provide a clear call recording disclosure that the conversation will be recorded. Failure to do so can result in legal penalties.

Likewise, each state has unique call recording laws that businesses need to follow.

State Consent Requirement Key Points
California All-party consent Significant penalties for consent violations
Texas One-party consent Clear disclosure is required for call recording
Florida Two-party consent Some consent exceptions (for example, in public settings, one-party consent may apply)
New York One-party consent Clear disclosure is required for call recording
Pennsylvania Two-party consent Violations may result in civil lawsuits
Illinois All-party consent All parties must be informed about call recording

Knowing whether you’re operating in a one-party consent or two-party consent state is crucial for staying compliant when taking calls and recording conversations. State-specific call recording maps can help you understand the rules in different jurisdictions.

Source: TeleMessage

Call Recording Regulatory Compliance Best Practices

  • Obtain clear consent through a verbal statement or automated message
  • Ensure privacy policies include information on your call recording practices
  • Use compliant call recording systems that offer real-time notifications and secure data storage
  • Stay informed about TCPA and FCC regulations updates to ensure compliance
  • Train employees on the national and state-specific call recording laws and guidelines

Non-Compliance Consequences

Financial penalties Businesses may face fines for failing to comply with consent requirements.
Criminal charges In two-party consent states, unauthorized recording can lead to criminal charges, ranging from misdemeanors to felonies.
Reputational damage Customers may lose trust in businesses that fail to adhere to consent laws.

Optimizing Marketing Efforts and Ensuring Compliance

Call recording compliance is essential for businesses, especially in B2B lead generation and telemarketing. Adhere to TCPA consent requirements and FCC regulations, which will enable you to navigate and succeed with state, federal, and global laws.

Last but not least, remember the most important thing: In states requiring two-party consent, you cannot legally record calls without the caller’s agreement. In one-party consent states, you are allowed to record calls because you count as a party that provides consent.

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