Should I Tell the Other Party That I'm Transcribing Our Call?
Understanding the legal requirements for recording and transcribing calls is essential to ensure compliance and respect for all parties involved. Here's what you need to know:
1. Federal Law: One-Party Consent
Under federal law, only one-party consent is required to record a conversation. This means:
If You’re Part of the Conversation: You can record or transcribe the call without informing the other parties.
If You're Not Part of the Conversation: You need consent from at least one party involved in the conversation to legally record or transcribe it.
2. State Laws: One-Party vs. All-Party Consent
State laws vary and fall into two main categories:
a. One-Party Consent States
Number of States: 38 states plus the District of Columbia.
Requirements: Only one party in the conversation needs to consent to the recording or transcription.
Implication: If you are part of the conversation, you do not need to inform the other parties.
b. Two-Party (All-Party) Consent States
Number of States: 13 states.
States Included: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
Requirements: All parties involved in the conversation must consent to the recording or transcription.
Implication: You must inform and obtain consent from everyone participating in the call before recording or transcribing.
3. Interstate Calls: Best Practices for Compliance
When making calls that may involve participants from different states:
Assume All-Party Consent: To ensure compliance across all jurisdictions, it's safest to inform all parties at the beginning of the call that it will be recorded or transcribed.
Obtain Explicit Consent: Clearly state your intention to record or transcribe the conversation and obtain verbal or written consent from all participants.