Call recording laws: two-party consent states and Massachusetts rules for AI answering

One-party vs two-party consent: what the terms mean

“Two-party consent” is shorthand for a rule that every person on a call must agree to the recording. Lawyers usually say all-party consent, because a call can have three or more people on it. “One-party consent” means one participant, such as you, can record without telling the others.

Federal law is a one-party rule. Under 18 U.S.C. 2511(2)(d), a person who is a party to a call, or who has the consent of a party, may record it unless the purpose is to commit a crime or a tort. States may set a stricter rule, and many do. If your business records customer calls, whether on a desk phone, a mobile app or an AI phone answering system, the state law that applies can be stricter than the federal one.

This is general information, not legal advice. Recording laws change and courts read them differently, so have a lawyer check the notice you use.

Which states require all-party consent

The Reporters Committee for Freedom of the Press (RCFP) publishes a state-by-state recording guide written for journalists. The table below reflects its introduction as we read it in October 2026. The introduction carries no date, and the state chapters we opened were last updated in June 2020 (Washington) and August 2021 (Massachusetts). Treat the list as a starting point and confirm against the current statute.

Two cautions come with that table. RCFP qualifies Michigan: its all-party rule applies at least to recordings made by a third party who is not in the conversation. And RCFP says the rules vary within a state by type of conversation, so a business that records its own calls should read the state’s statute, not just a list.

If you are asking “is my state a two party consent state,” the answer for your business is the state where the caller is, not only where your office is. The next sections explain why.

Massachusetts: G.L. c. 272, s. 99

Massachusetts is our home state, so we start with it. Its wiretap law, G.L. c. 272, s. 99, makes it a crime to “secretly” hear or record a wire or oral communication without the prior authority of all parties, as the Supreme Judicial Court reads the statute’s definition of interception. RCFP’s Massachusetts summary describes the law as covering in-person and phone conversations, including cellphone calls and text messages, and says the penalty for illegal recording can reach a fine of up to $10,000 and up to five years in jail. It also says civil suits can recover actual and punitive damages and attorney’s fees, with actual damages of at least $100 per day of violation or $1,000.

What the Massachusetts courts say about recordings made with knowledge

The law only reaches secret recordings. In Commonwealth v. Boyarsky, 452 Mass. 700 (2008), the Supreme Judicial Court described an interception as a recording that is both secretly made and made without the prior authority of all parties. The court then drew the line that matters for businesses: a recording made with the actual knowledge of all parties is not an interception, even if they have not affirmatively authorized or consented to it.

The facts were a murder case with recorded jail calls. The inmate had signed a form saying calls could be recorded, and an automated message told both people on each call that it was being recorded. The court held that there was no secret recording, so the statute was not violated. The message did not replay if the person called passed the phone to someone else. We could not read the court’s treatment of that point in full, so ask counsel if your calls are often transferred or put on speaker.

In Curtatone v. Barstool Sports, Inc. (June 14, 2021), the court repeated the two elements and held that a call was not secretly recorded because the person knew throughout the call that his words were being heard and recorded. The identity of the recorder did not change that.

For an AI receptionist, the lesson is practical. Do not rely on a privacy policy that the caller never sees. Say it on the call, at the start, so every caller has actual knowledge before they say anything private.

Calls across state lines: follow the stricter rule

A single AI receptionist can answer calls from callers in many states. The question of which state’s law applies is not settled in one place.

• RCFP advises that when participants are in different states, journalists should err on the side of caution. It notes that some courts apply the law of the state where the recording device is, and others the law of the state where the person recorded is.
• In Kearney v. Salomon Smith Barney (Cal. 2006), according to a Proskauer summary dated August 1, 2006, the California Supreme Court applied California law to recordings that an Atlanta office made of calls with California residents. The case went forward only for injunctive relief, not for damages on past recordings.

You do not need to solve this puzzle. Pick one notice that satisfies the strictest state you serve and play it on every call. That means one announcement for all callers.

AI receptionists add a second question: who is listening

A traditional recorded line has two or three participants. An AI receptionist adds a vendor that processes the audio, creates a transcript and may keep data. Courts are still working out how recording laws apply.

In Ambriz v. Google (N.D. Cal.), a federal court on February 10, 2025 denied a motion to dismiss claims that Google’s contact center AI listened to and transcribed customer calls to businesses without the callers’ consent, in violation of the California Invasion of Privacy Act. According to a Goodwin alert, the court followed a “capability” approach, under which a vendor can be treated as a third party if its technology could use the data for its own benefit, whether or not it does. That was a ruling on a motion to dismiss, not a final judgment, and the law is unsettled. The alert advises businesses using AI voice tools to disclose the technology and get consent from all parties.

When you pick a vendor, ask three things: Is audio stored, and for how long? Is it used to train models? Can you turn recording and transcription off while still answering calls? Then match the answers to what you tell callers.

What an AI receptionist should say at the start of the call

Four things belong in the opening, in this order:

1. Who is speaking: the business name, then that it is an AI assistant.
2. That the call is recorded, if you record or transcribe it. If you don’t, don’t say so.
3. Why, in a few words, such as “so we can follow up on your request.”
4. A way out: a person, or a message, if the caller prefers.

Here is a sample opening. Replace the brackets and have your lawyer approve it before you use it.

Thanks for calling [Business name]. This is [Business name]‘s AI assistant. This call is recorded and transcribed so we can follow up on your request. If you would rather speak with a person or not be recorded, say so and [we will take a message / a team member will call you back].

Notes on the script:

• Say “is recorded,” not “may be recorded.” A flat statement gives each caller clear knowledge. This is a practical choice, not a rule from a statute.
• Play it before anything private is said. Don’t let the assistant ask for a name or address first.
• Decide what happens when someone objects. The options include taking an unrecorded message, alerting your team to call back or, if your phone setup supports it, transferring the call. What is possible depends on your phone system and is agreed in the written scope, so don’t promise a live transfer you haven’t set up.
• Match the script to what you do. If a vendor transcribes calls, a script that says only “recorded” may not describe it.
• Clinics: a name tied to an appointment request is protected health information under HIPAA, so see our page on AI for clinics for the rules that apply in addition to recording laws.

A short checklist

1. Decide whether you need to record at all. If you only need a summary, you may not.
2. List the states your callers live in, and write one notice for the strictest.
3. Put the notice at the start of the call, before any questions.
4. Tell callers it is an AI. See what callers notice on AI calls for how callers react.
5. Check what the vendor stores, for how long and whether it trains on the audio.
6. Set a retention period and delete recordings you don’t need.
7. Treat outbound calls and texts separately: they have their own consent rules, covered in is AI calling legal.
8. Have a lawyer review the notice, and keep a dated copy.

Where Magnet Mint fits

We set up AI phone answering so the assistant says it is an AI assistant and tells callers if the call is recorded, with a path to a person or a message. The exact wording and routing are agreed in writing before launch. The legal review is yours to arrange: a lawyer who handles privacy law in the states your callers live in should approve the notice. To compare phone options, see AI receptionist vs answering service vs voicemail or AI receptionist vs hiring a receptionist. Our AI receptionist page has the full service, pricing has the costs, and the FAQ answers common questions. If you would rather set it up yourself, PhoneAnswer is our self-serve AI receptionist and CallReply is a done-for-you AI phone agent. Not sure where to start? Ask for a free demo.

Published October 26, 2026. Updated October 26, 2026.