Call recording disclosure by state, and when ACR's agent says it
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
| State | What the source says | Source |
|---|---|---|
| Alabama | For 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) |
| California | Recording a confidential communication needs the consent of all parties, and a separate section covers calls involving a cell phone. | Penal Code 632, 632.7 |
| Connecticut | Recording 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) |
| Delaware | Intercepting a phone message without the consent of all parties is a privacy violation. | 11 Del. C. 1335(a)(4) |
| Florida | Interception is lawful when all parties have given prior consent. | Fla. Stat. 934.03(2)(d) |
| Illinois | A party who secretly records a private conversation needs the consent of all other parties. | 720 ILCS 5/14-2(a)(2) |
| Maryland | Interception is lawful where the person is a party and all parties have given prior consent. | Cts. & Jud. Proc. 10-402(c)(3) |
| Massachusetts | Secretly recording a call is an interception unless every party gave prior authority. | G.L. c. 272, s. 99 |
| Michigan | Using a device to eavesdrop on a conversation without the consent of all parties is an offense. | MCL 750.539c |
| Montana | Recording 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 |
| Nevada | Intercepting 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 Hampshire | Interception without the consent of all parties to the communication is an offense. | RSA 570-A:2, I |
| Pennsylvania | Interception is lawful where all parties have given prior consent. | 18 Pa.C.S. 5704(4) |
| Washington | Recording needs all participants' consent, which counts as given when one party announces the recording and the announcement is recorded. | RCW 9.73.030 |
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.
| Shopper | Default | On every call |
|---|---|---|
| Shipping address in California | Yes | Yes |
| Texas address, phone with a Florida area code | Yes | Yes |
| No state known from either | Yes | Yes |
| Address and area code both in Ohio | No | Yes |
| Address in Ontario, Canada | No | Yes |
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
- 18 U.S.C. 2511(2)(d), one-party consent (Cornell LII)
- Alabama Admin. Code r. 770-X-5-.17
- California Penal Code 632 (Public.Law copy)
- California Penal Code 632.7 (Public.Law copy)
- Connecticut Gen. Stat. 52-570d (FindLaw copy, current as of 1 January 2025)
- Delaware Code tit. 11, ch. 5, subch. VII, including 1335
- Florida Stat. 934.03
- 720 ILCS 5/14-2 (FindLaw copy, current as of 1 January 2025)
- Maryland Cts. & Jud. Proc. 10-402
- Massachusetts G.L. c. 272, s. 99
- Michigan MCL 750.539c
- Montana Code 45-8-213
- Nevada NRS chapter 200, including 200.620
- New Hampshire RSA 570-A:2
- Pennsylvania 18 Pa.C.S. 5704
- Washington RCW 9.73.030
- Oregon ORS 165.540 (Public.Law copy)
More in Consent and compliance, or back to all posts.
Read next
- Consent and compliance
Calling hours, consent and opt-outs: the defaults ACR ships with
Every new campaign starts with the careful choice switched on. Here is what each default does, and what stays your store's responsibility.
November 7, 2026Read the post
- Consent and compliance
AI voice calls and the TCPA: what consent a recovery call needs
The FCC treats AI-generated voices as artificial voices under the TCPA. What that means for calling shoppers who left checkout, and why ACR never reads a text opt-in as permission to call.
November 7, 2026Read the post