What is two-party consent?
Two-party consent, also called all-party consent, is a recording rule under which everyone on a phone call must agree before it is recorded.
Why it matters for sales teams
Federal law sets a one-party standard: under 18 U.S.C. 2511(2)(d), a call can be recorded by a participant or with one participant's prior consent. State law can be stricter. The FCC says it has no rules on recording by individuals but that some state laws prohibit the practice, and the FTC notes that state laws vary on recording calls and on getting the consent of the person recorded.
For a team that records calls as standard practice, for coaching or conversation intelligence, a stricter rule changes what the rep has to do at the start of the call. The name says "two-party," but the idea is that every participant agrees, however many people are on the line.
Example
A rep opens a call by saying it will be recorded and asks whether that is OK before recording starts. In its guidance on calls that must be recorded, the FTC says telemarketers bound by state law to get consent may ask permission before they begin recording. Compare one-party consent.
This is a general definition, not legal advice.