Federal recording consent law
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
Federal law uses the same rule for recording in-person conversations and phone calls.
- In person: One-party consent.
- Phone calls: One-party consent.
In-person conversations: One-party consent
For an oral communication, which the statute defines as any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, as well as for a wire or electronic communication, it is not unlawful for a person not acting under color of law to intercept the communication where such person is a party to the communication or where one of the parties has given prior consent, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any state.
(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
Phone calls: One-party consent
Under federal law, it is not unlawful for a person not acting under color of law to intercept a wire, oral, or electronic communication where that person is a party to the communication or one of the parties has given prior consent, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
The same statute text quoted above applies (18 U.S.C. § 2511(2)(d)).
Definitions the rules rely on
“oral communication”
Under this section, an "oral communication" means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, excluding any electronic communication.
(2) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication;
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: One-party consent.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: One-party consent.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: One-party consent.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes federal law only; the guide's index lists the other jurisdictions it covers.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app