The federal Wiretap Act allows a party to a call to record it, or to consent to its recording, unless the recording is made for a criminal or tortious purpose.
Several states require the consent of all parties for at least some recordings. The RCFP Reporters Recording Guide lists California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington as primarily all-party states, Michigan at least for recordings by a third party. Connecticut and Nevada require all parties to consent for phone calls. Some states have exceptions or are interpreted differently by courts.
When the caller and the business are in different states, the stricter rule may apply. A short recording notice at the start of the call is the common way AI receptionist providers handle this. This summary is not legal advice for your situation.
As of November 11, 2026. General information, not legal advice.