Call Recordings & FCC 1-to-1 Consent in 2025: Is It Legal to Record Phone Calls?

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Is it legal to record a phone conversation? With call recordings integral to business operations — from telemarketing to support — the FCC’s 2025 guidelines emphasize full transparency. Companies are now required to clearly communicate their recording policies to safeguard consumer rights.

So, what does the future FCC one-to-one consent policy mean for companies and individuals, and how will the call recordings be managed?

For customers, it means a straightforward notification of when and how call center recordings are used. For businesses, it means staying compliant by getting consumer consent and ensuring transparency for every call — be it through automated alerts or agent disclosures.

This article explores upcoming FCC requirements, the importance of clear consent, and practical tips for companies looking to align their call recording systems with federal standards in 2025.

The Business Value and Compliance Challenges of Call Recordings

Is it legal to record phone calls? Consider the scenario where an individual is engaged in a call, unaware that the conversation is being recorded. That is when the call recording disclosure laws come into play, and by doing so, a company ensures compliance with relevant legislation for both the individual and the agent involved.

It is worth noting that in the United States, a few states have been able to pass legislation that would need the endorsement of two or more people. However, others are two-party consent states, whereby anyone is informed of what is happening.

Stay FCC-compliant with Consent Branches, Phonexa’s proprietary solution for managing one-to-one consent on lead generation forms. Effortlessly integrate it with Smart Tree technology to streamline compliance and boost your lead generation efforts.

 

For the European Union, the GDPR is in place; it is known that before any kind of personal data is collected, the data subjects must give their consent, and it also needs to have a valid reason.   

In Canada, on the other hand, there exists the PIPEDA Act that enforces consent prior to recording that may contain conversations.

FCC Rules on Call Recordings in 2025

Regarding consent: If the other party continues the call after you have been notified, that is considered consent. If they didn’t want to, they would simply hang up.

The FCC defines three methods of notification of a recorded conversation that ensure transparency and protect the rights of participants:

• Prior consent of all parties
• Verbal notification at the beginning of the conversation
• Automatic beep that repeats regularly

The most common way to notify someone is to include a short message at the beginning of the call, such as, “Your call may be recorded for quality improvement or training purposes.” If you inform the other party that the call is being recorded, you comply with the notification requirements.

Call recording laws vary by country or state. In the US, some states require notification of all participants, while others require consent from just one party.

One-Party Consent Law

What is one party consent? Let’s break down the essence: this concept means that only one person in a conversation needs to be aware that the call is being recorded. For example, if you’re on a call with a customer and know it’s being recorded, that’s typically enough to meet legal requirements.

But here’s the catch: the rules can change depending on your location. Most U.S. states, like New York and Texas, are 1 party consent states and follow this rule. However, in places like Denmark, while recording is allowed, sharing the recording is illegal. As a business owner, knowing the legal landscape will help you operate confidently and protect your business.

Two-Party Consent

All party or two-party consent states must implement the following: everyone on the call must be informed and agree to the recording.

States like California and Florida enforce this law. If one participant is in a two-party consent state, the stricter rule applies, ensuring full transparency across all parties involved.

Phonexa’s Call Logic, featuring call recording software, is a digital solution that allows brands to record and securely store audio from customer interactions. Here’s how the process works:

When customers contact a business, they’re informed that the call may be recorded. Phonexa’s call recording and tracking software then captures the call audio as the customer connects with the IVR and, later, with a company representative. These recordings are stored in the cloud for a designated period, allowing easy access for review and future use.

 

However, not all conversations should be recorded. In some situations, such as legal or privacy-sensitive discussions like performance reviews, it’s best to obtain clear consent and limit access to the recordings. Different regions may have varying laws, so understanding when and how to record — and when not to — is crucial to staying compliant.

So, how do FCC laws on recording conversations impact businesses worldwide?

Phonexa’s one-to-one consent solutions empower businesses to navigate the upcoming FCC 2025 regulations with ease. Our comprehensive suite of tools not only streamlines regulatory adherence but also builds consumer trust.

Consent Branches enable you to capture individualized consent from consumers before initiating contact, ensuring compliance with FCC and TCPA requirements.

 

Use Smart Tree to customize consent requests tailored to each service provider, using unique language or unified disclaimers to enhance clarity. Another tool, intuitive Form Builder, allows you to design user-friendly forms that effectively capture and track consent in real time.

Explore Consent Branches, a Phonexa’s proprietary solution that turns lead generation forms FCC-compliant while connecting opted-in leads to a matching advertiser.

Call Recording Laws by State (US)

In the U.S., the Electronic Communications Privacy Act (ECPA) regulates call and video meeting recordings. It mandates that at least one party must consent to the recording, but state laws vary.

For example, North Carolina follows one-party consent, meaning only one person needs to be informed. In two-party recording states like California and Florida, both parties must consent through emails, disclaimers, or notifications.

Yes, most states follow one-party consent. Which states are two-party consent followers?

Source: Recording Laws

When it comes to recording phone calls legally, the listener needs to know the rules as laid down by the United States and its states. Thus, the findings can be interpreted as follows: as the research states, 23 states where a single individual’s permission is sufficient, while only two states require all participants’ cooperation.

What states are one-party consent states? The following one-party consent states map demonstrates that many jurisdictions allow recordings with the consent of only one party involved in the conversation.

Source: Klenty

Compare call recording laws by each state:

State	Consent	Explanation
Federal	One Party	Legal with one party’s consent; illegal activities excluded.
Alabama	One Party	Recording without consent from at least one party is eavesdropping.
Alaska	One Party	Prohibits third-party interception; participants can record without consent from others.
Arizona	One Party	Recording allowed with one party’s consent; subscribers can record calls.
Arkansas	One Party	Requires consent from at least one party for any conversation recording.
California	All Parties	All parties must consent; exceptions for public proceedings/emergencies.
Colorado	Mixed	Requires consent from at least one party to record.
Connecticut	Mixed	One-party consent for in-person; all-party consent for phone calls; civil penalties for eavesdropping.
Delaware	All Parties	All parties must consent; individuals can record their own conversations.
D.C.	One Party	Individuals can record if a party or with consent from one party.
Florida	All Parties	All parties must consent; exceptions exist for certain situations, especially minors.
Georgia	One Party	Allows recording with one party’s consent or agreement.
Hawaii	One Party	Recording allowed with consent from at least one party.
Idaho	One Party	Recording permitted if at least one party consents.
Illinois	All Parties (One-Party for “private electronic communications”)	All-party consent for private conversations; public recording is allowed without consent.
Indiana	One Party	Recording allowed if party to the conversation.
Iowa	One Party	Recording allowed if party to the conversation.
Kansas	One Party	Consent from one party is required.
Kentucky	One Party	Consent from one party is required.
Louisiana	One Party	Consent from one party is required.
Maine	One Party	Consent from one party is required.
Maryland	All Parties	Consent from one party is required.
Massachusetts	All Parties	All-party consent required except for certain cases.
Michigan	One Party	Participant may record despite all-party consent law.
Minnesota	One Party	Recording allowed if party to the conversation.
Mississippi	One Party	Recording allowed if party to the conversation.
Missouri	One Party	Recording allowed if party to the conversation.
Montana	All Parties	All-party consent required.
Nebraska	One Party	Recording allowed if party to the conversation.
Nevada	Mixed	One-party consent for in-person, all-party for phone.
New Hampshire	All Parties	All-party consent required.
New Jersey	One Party	Recording allowed if party to the conversation.
New Mexico	One Party	Recording allowed if party to the conversation.
New York	One Party	Recording allowed if party to the conversation.
North Carolina	One Party	Recording allowed if party to the conversation.
North Dakota	One Party	Recording allowed if party to the conversation.
Ohio	One Party	Recording allowed if party to the conversation.
Oklahoma	One Party	Recording allowed if party to the conversation.
Oregon	Mixed	One-party for electronic, all-party for in-person.
Pennsylvania	All Parties	All-party consent required.
Rhode Island	One Party	Recording allowed if party to the conversation.
South Carolina	One Party	Recording allowed if party to the conversation.
South Dakota	One Party	Recording allowed if party to the conversation.
Tennessee	One Party	Recording allowed if party to the conversation.
Texas	One Party	Recording allowed if party to the conversation.
Utah	One Party	Recording allowed if party to the conversation.
Vermont	One Party	One-party consent required.
Virginia	One Party	Recording allowed if party to the conversation.
Washington	One Party	Recording allowed if one party consents.
West Virginia	One Party	Recording allowed if party to the conversation.
Wisconsin	One Party	Recording allowed if party to the conversation.
Wyoming	One Party	Recording allowed if a party to the conversation.

Phone calls often cross state lines, involving participants in multiple states or even countries. Recording interstate phone calls leads to complex legal considerations. Multi-state calls may also invoke federal law, further complicating compliance.

➥ For instance, in Kearney v. Salomon Smith Barney, Inc. California’s Supreme Court applied California’s dual consent law to protect the privacy of California residents over Georgia’s one-party consent law.

Call Recording Laws in Europe

As it relates to your EU business, the GDPR is a key regulation that should be followed in terms of data protection and privacy. In this framework, there is a similar two-party consent law in the US. Each party involved in recording calls legally must be aware of and consent to call recording.

Justification for Recording under GDPR	Description
Fulfillment of a contract	Recording is permissible if it is necessary to fulfill a contract involving one of the parties.
Compliance with legal obligations	Recording may be justified if it is necessary to comply with a legal requirement.
Protection of vital interests	Recording is allowed if it protects the essential interests of one or more participants.
Public interest or official authority	Recording is acceptable if conducted in the public interest or carried out by an official authority.
Legitimate Interest of the Recorder	Recording can be justified if it serves the recorder’s legitimate interests.

The new FCC rules for 2025 may include aspects similar to GDPR requirements, which emphasize consent and accountability to ensure maximum respect for privacy in handling personal data, including call recordings.

Participants of recorded calls or meetings can access the recordings. They can also request additional information:

• The purpose of collecting and processing the data
• Categories of personal data collected
• Third parties that may access the recordings
• Data retention duration (if applicable)
• The existence of automated decision-making or profiling and its significance, logic, and consequences

Best Practices for Legal Call Recording in 2025

Be Clear About Call Recording

This is crucial for transparency, and to stay in compliance, you need to notify everyone on the call that it will be recorded. If a clear notification at the start of a call is given, it accomplishes requirements in many jurisdictions for both dual-consent and one-party consent states.

Explain Why You’re Recording

A short statement that the call is recorded for quality assurance, compliance, and training reasons will make calls much more transparent. This provides trust between your company, agent, or business as well. Also, this makes the motives clear from a legal and business point of view. This is not only a requirement by law but also engenders participant trust.

Keep Transparency Throughout the Call

Be transparent in call recordings, and it will make clear to the participants that not only are they on record, but you openly display your desire for honesty. Great for new people joining the call mid-discussion where everyone is in.

Identify Call Participants Properly

These steps are crucial to ensure everyone is clear about who is on the call, which makes whoever answers accountable and also guarantees no privacy issues appear. This is especially important in highly regulated industries, where you need to know who listens and participates/speaks; doing this can prevent legal issues.

Hit the Mute Button When Necessary

In practice, the mute button is a privacy-saving feature that provides comfort for anyone needing to crop out personal info or reduce ambient noise. Using mute correctly, particularly when discussing topics that do not need to be logged or transcribed, is also simply respectful of privacy and professionalism.

ATDC (Advanced Telemarketing Distribution Companies) and Compliance Challenges

Advanced Telemarketing Distribution Companies (ATDCs) face unique compliance challenges as they manage high volumes of calls across various jurisdictions. The shift toward strict dual-consent requirements and specific state-level regulations means ATDCs must be diligent in their consent processes.

Phonexa’s Call Logic provides a robust solution for FCC-compliant call recordings, setting a new standard for security and accuracy. By integrating real-time reporting, Call Logic helps you keep a close watch on every call event, empowering you to detect and address any compliance issues before they escalate proactively.

 

The FCC’s actions in 2024 and 2025 will significantly impact the Automatic Telephone Dialing System (ATDS) through several key areas:

1. Universal Service Fund (USF) Reform: The FCC is addressing the sustainability of the USF, which is facing revenue challenges from declining traditional voice services. Proposed reforms could affect how telecom companies comply with funding requirements and potentially alter their use of ATDS in marketing strategies.
2. Stricter compliance measures: Expect tighter regulations on ATDS to enhance consumer protection, particularly as part of efforts against robocalls. Companies using these systems must strengthen compliance to avoid fines and maintain customer trust.
3. Legal challenges: Ongoing litigation concerning the FCC’s authority over the USF may lead to changes in regulatory approaches, influencing how businesses deploy ATDS.
4. Emerging technologies: The FCC is also scrutinizing new technologies like satellite communications, which might shape how companies utilize automated dialing systems for customer engagement.

 

Integrating Phonexa’s Solutions into Call Recording Compliance

No matter if you´re a startup or an enterprise, LMS Sync is able to deliver your potential customers and support them with additional marketing performance. This platform deploys dynamic consent management practices.

With transparency built into its framework, this platform helps you earn and keep customer trust. Its robust analytics also give you valuable insights to refine and elevate your lead generation strategies.

 

Phonexa offers a comprehensive suite of advanced tools for only $100 monthly:

 

Frequently Asked Questions

What are the key FCC regulations on call recordings in 2024?

The FCC mandates that call recordings must comply with federal privacy laws, ensuring transparency and consent in most cases. Businesses must notify individuals in advance, and not even consider recording a phone call without permission.

Can you legally record a phone call?

In the U.S., the legality of recording conversations hinges on state consent laws, with most states allowing one-party consent while others require all parties to agree to the recording. It’s advisable to inform all participants to ensure compliance and avoid legal issues, especially in 2 party consent states.

Do I need consent from all parties to legally record a call or meeting?

Under FCC rules, federal law generally requires at least one-party consent, but state laws may require all-party consent. Therefore, companies must understand and comply with both FCC regulations and applicable state laws.

How do FCC rules differ from state-specific call recording laws?

While FCC rules provide baseline federal guidance, some states mandate stricter all-party consent requirements. Businesses must observe state laws where they operate to avoid non-compliance penalties.

How long must businesses retain recorded calls under FCC rules?

The FCC doesn’t set specific retention periods, leaving this to industry standards or company policies. However, retention must align with federal privacy and data protection laws to ensure compliance.