Glossary

What is one-party consent?

One-party consent is a recording rule under which a phone call can be recorded as long as one person on the call agrees to it.

Updated

The federal rule

Federal wiretap law, 18 U.S.C. 2511(2)(d), says it is not unlawful for a person to intercept a wire, oral or electronic communication when that person is a party to it, or when one of the parties has given prior consent. The exception does not apply if the communication is intercepted to commit a criminal or tortious act. Under the federal rule alone, a rep who is on a call can record it.

Why it matters for sales teams

The federal rule is not the whole picture. The FCC says it has no rules on recording telephone conversations by individuals, but some state laws prohibit the practice. The FTC notes that state laws vary on permitting the recording of calls and on getting the consent of the person recorded. Teams that use call recording or conversation intelligence need to know which rule applies to each call.

One-party vs two-party consent

Under one-party consent, one participant's agreement is enough. Under two-party consent, everyone on the call has to agree.

This is a general definition, not legal advice.

Sources

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