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GROWTH DEPT.ACR

Call recording disclosure by state, and when ACR's agent says it

Growth Dept team ·

One party's consent is the federal baseline

ACR records calls by default, and the recording and transcript appear in each shopper’s history. Under 18 U.S.C. 2511(2)(d), a person who is a party to a call, or who has one party’s prior consent, may record it unless the purpose is criminal or tortious. Your store’s agent is a party to its own calls, so the federal rule on its own is met without a notice.

Some states ask for more: every party’s consent, a warning, or both. Where that applies, the practical answer is to say at the start that the call is recorded, and that is what ACR’s agent does.

The states ACR treats as all-party

States marked as needing every party's consent or a warning before a call is recorded, with what each source says
StateWhat the source saysSource
AlabamaFor automated solicitation calls, a consumer whose response is to be recorded must be told and must give permission.Admin. Code r. 770-X-5-.17(1)(c)
CaliforniaRecording a confidential communication needs the consent of all parties, and a separate section covers calls involving a cell phone.Penal Code 632, 632.7
ConnecticutRecording a private phone call needs all parties' consent, a recorded notice at the start, or a warning tone about every 15 seconds.Gen. Stat. 52-570d(a)
DelawareIntercepting a phone message without the consent of all parties is a privacy violation.11 Del. C. 1335(a)(4)
FloridaInterception is lawful when all parties have given prior consent.Fla. Stat. 934.03(2)(d)
IllinoisA party who secretly records a private conversation needs the consent of all other parties.720 ILCS 5/14-2(a)(2)
MarylandInterception is lawful where the person is a party and all parties have given prior consent.Cts. & Jud. Proc. 10-402(c)(3)
MassachusettsSecretly recording a call is an interception unless every party gave prior authority.G.L. c. 272, s. 99
MichiganUsing a device to eavesdrop on a conversation without the consent of all parties is an offense.MCL 750.539c
MontanaRecording with a hidden device without the knowledge of all parties is an offense, except where people were warned; one warning lets either party record.MCA 45-8-213
NevadaIntercepting a phone call is lawful only with one party's consent in an emergency where a court order is impractical, followed by court ratification.NRS 200.620(1)
New HampshireInterception without the consent of all parties to the communication is an offense.RSA 570-A:2, I
PennsylvaniaInterception is lawful where all parties have given prior consent.18 Pa.C.S. 5704(4)
WashingtonRecording needs all participants' consent, which counts as given when one party announces the recording and the announcement is recorded.RCW 9.73.030
Paraphrased from each source. Connecticut and Illinois were read from FindLaw copies current as of 1 January 2025.

Oregon is not on the list. Its statute lets one participant consent for a telecommunication, though an in-person conversation needs everyone informed (ORS 165.540). Delaware, Michigan and Nevada are close calls in our research notes, and ACR takes the stricter reading in all three.

How ACR decides whether to say it

Each campaign has a setting called Tell the shopper the call is recorded. It has three choices: in states where every party must agree (the default), on every call, or never. Never is available only when recording is switched off.

Under the default, ACR looks at the state on the shipping address and the state of the phone number’s area code. If either is one of the fourteen above, the agent says “This call is recorded for quality.” It also says so when ACR knows neither, because the shopper could be in one of those states.

Whether the agent says the call is recorded, under the default and under On every call
ShopperDefaultOn every call
Shipping address in CaliforniaYesYes
Texas address, phone with a Florida area codeYesYes
No state known from eitherYesYes
Address and area code both in OhioNoYes
Address in Ontario, CanadaNoYes

When to choose On every call

The default only looks at the US states in ACR’s data. A shopper in Canada, or anywhere else with a known region, hears no notice unless you choose On every call. That option also gives every shopper the same opening, and it removes any doubt about states whose rules are read differently by different sources. The cost is one short sentence at the start of each call.

The voice calls page explains what else the agent says at the start, including that it is an AI. Every compliance default is on the compliance page, and calling hours by state are in a separate post.

The list above reflects ACR’s data and the sources as we read them on 7 November 2026. Recording law has nuances this summary skips, so treat it as product information rather than a legal opinion.

Sources

  1. 18 U.S.C. 2511(2)(d), one-party consent (Cornell LII)
  2. Alabama Admin. Code r. 770-X-5-.17
  3. California Penal Code 632 (Public.Law copy)
  4. California Penal Code 632.7 (Public.Law copy)
  5. Connecticut Gen. Stat. 52-570d (FindLaw copy, current as of 1 January 2025)
  6. Delaware Code tit. 11, ch. 5, subch. VII, including 1335
  7. Florida Stat. 934.03
  8. 720 ILCS 5/14-2 (FindLaw copy, current as of 1 January 2025)
  9. Maryland Cts. & Jud. Proc. 10-402
  10. Massachusetts G.L. c. 272, s. 99
  11. Michigan MCL 750.539c
  12. Montana Code 45-8-213
  13. Nevada NRS chapter 200, including 200.620
  14. New Hampshire RSA 570-A:2
  15. Pennsylvania 18 Pa.C.S. 5704
  16. Washington RCW 9.73.030
  17. Oregon ORS 165.540 (Public.Law copy)

More in Consent and compliance, or back to all posts.

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