Is it legal to record and score sales calls?

Not legal advice. This is a plain summary of public guidance, checked on 15 October 2026. Laws change and your situation may differ, so check with a lawyer before you change how you record calls.

What does US federal law say?

US federal law is a "one-party consent" law. The Wiretap Act says it is not unlawful to record a call when you are a party to it, or when one of the people on the call has agreed, unless you record it to commit a crime or a wrong (18 U.S.C. § 2511(2)(d), Cornell LII, as of 15 Oct 2026).

That is the floor, not the ceiling. The Reporters Committee for Freedom of the Press notes that one-party consent is the minimum across the country, and states can ask for more (RCFP, 28 Oct 2021).

Which US states need everyone on the call to agree?

About a dozen. The Reporters Committee for Freedom of the Press says "about 11 states primarily have all-party consent requirements": California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan (at least for recordings made by someone not on the call), Montana, New Hampshire, Pennsylvania and Washington (RCFP Reporter's Recording Guide, 28 Oct 2021).

The same guide says Connecticut and Nevada need all-party consent for phone calls, even though they only need one party for in-person talks. Add those two and it's 13 states for phone calls, counting Michigan's narrower rule (see the note below the table).

Rule for phone calls	Where it applies
One party is enough	Federal law and most states
Everyone must agree	California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington
Everyone must agree for phone calls (not in person)	Connecticut, Nevada
Everyone must agree at least for recording by someone not on the call (see note)	Michigan

Michigan. All-party consent applies at least to recording by someone who isn't on the call. Courts disagree on whether a participant may record without everyone's consent: a 1982 Michigan Court of Appeals decision says a participant may, but RCFP calls asking for consent "the safer approach" (RCFP Michigan guide, last updated May 2020).

What if the caller is in a different state?

Courts do not agree on which state's law applies. RCFP says some courts use the law where the recording device is, and others use the law where the person being recorded is. Its advice is to assume the stricter law applies (RCFP, 28 Oct 2021).

For a team that calls people in many states, the simple rule is: treat every call as if it is in an all-party state.

Does a "this call may be recorded" message count as consent?

Generally, yes. RCFP says it is generally legal to record a conversation "when the parties are warned of the recording and continue with the conversation", and that consent is presumed in that case (RCFP, 28 Oct 2021).

California is the state most teams worry about. Under California Penal Code § 632, all parties to a confidential conversation must agree to a recording. A separate section, § 637.2, lets someone harmed by an illegal recording claim $5,000 or three times their actual damages, whichever is greater. Both points are from RCFP's California summary (RCFP, last updated Aug 2021). A clear notice at the start of the call is cheap by comparison.

What about the UK and the EU?

Here the main question is data protection, not just consent. Under the GDPR, you need at least one of six lawful bases to process personal data, and a call recording is personal data (GDPR Article 6, gdpr-info.eu, 2016). Consent is one basis, but not the only one.

The UK regulator, the ICO, gives an example of a company relying on "legitimate interests" to use helpline recordings for staff training. It still has to pass a necessity test and a balancing test (ICO, as of 15 Oct 2026).

You also have to tell people. The ICO says organisations that record calls "must tell these people that you are recording the call and why", and that a recorded message is good practice. The rest of the privacy details, like how long you keep recordings, can be given another way, such as a link to your privacy notice (ICO, as of 15 Oct 2026). GDPR Article 13 lists what that notice must include, among them the purpose, the legal basis and how long you keep the data (GDPR Article 13, gdpr-info.eu, 2016).

The ICO's call-monitoring page is under review after the Data (Use and Access) Act, so check it again before you rely on it.

Does scoring calls with AI change anything?

It adds one more thing to say out loud. The ICO's guidance on AI says you need to be transparent about how you process personal data in an AI system, and think about this before you start. At a minimum, your privacy information should cover your purposes, your retention periods and who you share the data with (ICO, updated 15 Mar 2023). That page is also marked as under review after the Data (Use and Access) Act.

In practice, if your notice says "calls are recorded for training and quality", make sure your privacy notice also says recordings are analysed and scored, and by whom.

What should a team do before recording and scoring calls?

1. 1

   Play a notice on every call

   Say the call is recorded and why, at the start, inbound and outbound. Treat every call as if it is in an all-party state.

2. 2

   Write down your reason

   In the UK and EU, pick your lawful basis (often legitimate interests for training and quality) and record why it passes the balancing test.

3. 3

   Update your privacy notice

   Say that calls are recorded, scored and analysed, by whom, and how long recordings are kept.

4. 4

   Tell your own team

   Reps are recorded too. Give them a clear written policy on what is recorded and how scores are used.

5. 5

   Set a retention period

   Decide how long recordings are kept and delete them on time.

For the last step, see how long you should keep call recordings.