Is it legal to record a sales call?
Yes, in most of the US, as long as you are on the call: federal law, 18 U.S.C. 2511(2)(d), says it is not unlawful for a person not acting under color of law to intercept a call they are a party to, or one where a party has given prior consent, unless it's done to commit a criminal or tortious act. That is one-party consent. States can be stricter, and several are.
The Reporters Committee for Freedom of the Press recording guide lists about 11 states that primarily require all parties' consent: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan (at least for recordings by someone who isn't in the conversation), Montana, New Hampshire, Pennsylvania and Washington. It adds four split states: Connecticut and Nevada need everyone's consent for phone calls, while Missouri and Oregon need it for in-person conversations. Hawaii and Maine need all parties only in particularly private places.
Which states require everyone's consent to record a call?
The table covers the 11 all-party states plus Connecticut and Nevada (phone calls) and Oregon (in person). Missouri, which per the Reporters Committee needs all parties' consent only for in-person conversations, is not in the table. Here is what each statute or state summary says. Where a state site blocked us, we used the Reporters Committee's state page and give its "last updated" date.
| State | What the source says | Source (summary date) |
|---|---|---|
| California | All parties to a confidential conversation must consent; for calls involving a cellphone or cordless phone, all parties must consent regardless of confidentiality | RCFP California (Aug 2021), citing Penal Code 632 and 632.7 |
| Connecticut | One party for in-person talks; for phone calls, all parties to avoid civil liability | RCFP Connecticut (Oct 2019) |
| Delaware | Wiretap law is one-party, but a more recently enacted privacy law bars intercepting a private message by telephone, or a private conversation, without the consent of all parties | RCFP Delaware (Oct 2019) and 11 Del. C. 1335(a)(4) |
| Florida | Interception is lawful when all parties have given prior consent | Fla. Stat. 934.03(2)(d) |
| Illinois | No recording of a private conversation or private phone or electronic communication without the consent of all parties | RCFP Illinois (May 2020) |
| Maryland | Lawful when you are a party and all parties have given prior consent | Cts. & Jud. Proc. 10-402 |
| Massachusetts | No recording of any conversation, in person or by phone, without the permission of all parties | RCFP Massachusetts (Aug 2021) |
| Michigan | All parties' consent for someone outside the conversation; courts disagree on whether a participant may record without it | RCFP Michigan (May 2020) |
| Montana | Bans recording with a hidden device without the knowledge of all parties, but if one person gives a warning, either party may record | Mont. Code 45-8-213 |
| Nevada | One party for in-person talks; all parties for telephone conversations | RCFP Nevada (May 2020) |
| New Hampshire | All parties, in person or by phone | RCFP New Hampshire (May 2020) |
| Oregon | Conversations may not be obtained unless all participants are specifically informed; RCFP says phone calls need one party | ORS 165.540(1)(c) |
| Pennsylvania | All parties, for private in-person talks and any telephone or electronic communication | RCFP Pennsylvania (Aug 2020) |
| Washington | All participants must consent, but an announcement that the call is being recorded counts, if the announcement is recorded too | RCW 9.73.030 |
Two details matter for sales teams. California's rule for calls involving a cellphone applies regardless of whether the conversation is confidential, and many sales calls are on mobiles. And the Washington and Montana rules show why a spoken notice at the start of the call is the habit to build: in both, telling people is what makes the recording lawful.
What should you say at the start of a recorded sales call?
Say that you're recording, why, and that they can say no, before the first real question, and keep that part on the recording. Washington's statute treats a recorded announcement as consent, and Article 13 of the EU GDPR says the information about purpose, legal basis and storage period must be given when the data is collected. A short version a small team can copy:
The bracketed parts are examples: set your own retention period and company name. Wait for a clear yes; silence is weaker than an answer. If a buyer asks how AI on calls works, our piece on how buyers react to an AI agent on a call covers what to tell them.
What if the buyer is in another state or country?
Assume the strictest rule of anyone on the call applies. The Reporters Committee's guide advises exactly that for calls across states, because some courts apply the law of the state where the recording device is, and others the law where the person being recorded is. Its own example: a caller in Virginia, a one-party state for phone calls, could be liable under Maryland law when recording someone in Maryland without consent.
Abroad, the GDPR's Article 3(2) applies to a company outside the EU when it processes data of people in the EU in connection with offering them goods or services. A US founder recording a demo with a buyer in Berlin is in that position. A worked example of one week's calls for a sample founder in Virginia:
| Call (sample) | Where the other person is | What to do |
|---|---|---|
| Discovery call with Sam at Northwind Ltd | Ohio (not on any all-party list above) | One-party consent covers you; give the notice anyway, it costs ten seconds |
| Demo with Priya at Acme | California, on a mobile | Everyone must consent; give the notice and get a yes |
| Group call with a buyer in Maryland and one in Texas | Two states | Treat the whole call as all-party because of Maryland |
| Intro call with a buyer in Berlin | Germany | Give the notice plus purpose, legal basis and how long you keep it |
One script for every call is simpler than checking each state, which is why the notice above is written to work everywhere on this list.
What do GDPR and UK GDPR require for call recordings?
Under the GDPR, a recording of an identifiable person is personal data, so you need a lawful basis, must tell people about it, and may keep it only as long as needed. Four articles do most of the work:
- Lawful basis (Article 6(1)). Point (a) is consent; point (f) is legitimate interests, which applies unless those interests are overridden by the person's interests or rights.
- Withdrawal (Article 7(3)). A person can withdraw consent at any time; withdrawal doesn't make earlier processing unlawful. On a call, that means stopping when asked.
- Information (Article 13). At the time you collect the data, tell people your identity and contact details, the purposes and legal basis, and the storage period or the criteria for setting it.
- Storage limitation (Article 5(1)(e)). Keep data in identifiable form for no longer than necessary for the purposes it was processed for.
For buyers in the UK, the UK GDPR text on legislation.gov.uk carries the same storage-limitation rule in Article 5(1)(e). Put the details people can't take in on a call, such as how to ask for deletion, in your privacy notice, and link it from the invite. The EU's separate rules on telling people they are talking to an AI are in our post on EU AI Act Article 50 for sales teams.
How long should you keep sales call recordings?
As long as you have a reason to, and no longer: the GDPR's storage-limitation rule sets no number of days. Pick a period for each purpose, write it in your privacy notice and say it on the call. A starting point we'd suggest, not a legal standard:
Coaching and note-checking
Keep the audio until the notes are written and the deal moves stage, then delete it. Keep the written notes on the CRM record.
What a customer agreed to
If a call confirms an order or terms, keep that recording with the contract and delete it on the same schedule as the contract file.
Deletion requests
Know where every copy lives: the dialler, the note taker, any downloads. A deletion request has to reach all of them.
Access
Limit recordings to the people who need them. Sales calls often include a buyer's budget and internal problems.
Check what your tool keeps by default: Dialpad's pricing page lists 1-year recording and transcript retrieval on its Sales Essentials plan, while Quo's pricing page describes call recording as saving a permanent record of the conversation. If your period is shorter than the tool's, delete on your schedule rather than theirs. For video calls, written notes that turn into tasks matter more than the audio; our guide to following up after a sales call covers what to keep.
Which tools record sales calls, and what do they cost?
For phone calls, a cloud dialler with recording built in costs about $20 to $39 per user a month on annual billing. Prices and billing basis as shown on each vendor's own page on 5 November 2026 (US pricing):
| Tool and plan | Price shown | Billing basis | Recording on that plan |
|---|---|---|---|
| Aircall Essentials | $30 per licence a month, billed annually | Per licence; minimum of 3 licences; annual plans 25% cheaper than monthly | Call recordings and AI transcripts listed |
| Dialpad Sales Essentials | $39 per user a month on annual billing (monthly price not shown consistently) | Per user | Call recording, 1-year recording and transcript retrieval listed |
| Quo Business | $23 per user a month billed annually ($276 a year), $33 monthly | Per user | Auto call recording listed |
| RingCentral RingEX Core | $20 per user a month paid annually, $30 monthly (1 to 5 users) | Per user | On-demand call recording listed |
| Kixie Professional | No price shown on the pricing page | Plan cards with a 7-day free trial | Call recording listed on every plan |
What a three-person team pays in a year on annual billing: RingCentral $20 x 3 x 12 = $720; Quo $23 x 3 x 12 = $828; Aircall $30 x 3 x 12 = $1,080 (three is also its minimum); Dialpad $39 x 3 x 12 = $1,404. The dialler records the call; telling people is still your job, so use the script above. Video calls on Zoom, Meet or Teams are a different category: our sibling guide to AI note takers, their prices and consent settings compares those.
If your buyers dislike a bot in the room, Siela's meeting notes record on your own device through the desktop app and pull out decisions, owners and follow-ups. Recording on your own device doesn't change the consent rules, so give the same notice.
This week: paste the notice into your calendar invite template, set one retention period in your dialler, and delete recordings older than it.
Frequently asked questions
Do you have to tell someone you are recording a sales call?
In one-party states, federal law lets a participant record without telling anyone. In the all-party states, and for buyers covered by the GDPR, you must tell them. Since you rarely know where every participant is sitting, telling everyone at the start is the practical rule, and it also stops a buyer feeling ambushed if they later hear the recording mentioned.
Is a 'this call may be recorded' message enough?
It can be in some states. Washington's statute says consent is obtained when one party announces the recording in a reasonably effective manner and the announcement is itself recorded, and Montana's lets either party record once a warning is given. In California and the other all-party states, ask for a clear yes and keep it on the recording; that is the easiest consent to show later.
Are Zoom and Google Meet sales calls covered by recording laws?
Treat them as covered. The Reporters Committee's California page notes some courts have assumed internet-based communications, including emails, are covered by the state's eavesdropping law, though those communications are presumed not confidential unless specific facts show otherwise. A meeting app's own recording banner, where it shows one, doesn't replace telling people why you record and how long you keep it.
What should you do if a prospect says no to recording?
Stop the recording straight away, say on the call that it has stopped, and take notes by hand or in a doc. Under the GDPR a person can withdraw consent at any time. Don't argue the point: a buyer who refuses recording is telling you something about how they feel about trust, and a good call without audio beats a lost deal.
How long can you keep call recordings under GDPR?
The GDPR sets no fixed number. Article 5(1)(e) says personal data must be kept in identifiable form no longer than necessary for its purposes, and Article 13 says you must tell people the storage period, or the criteria for setting it, when you collect it. So choose a period per purpose, write it down, and make sure every tool deletes on that schedule.
Sources
- 18 U.S.C. 2511, Cornell LII (checked 5 Nov 2026)
- Reporters Committee, Introduction to the Reporter's Recording Guide (checked 5 Nov 2026)
- Reporters Committee, California (last updated August 2021; checked 5 Nov 2026)
- Reporters Committee, Connecticut (last updated October 2019; checked 5 Nov 2026)
- Reporters Committee, Illinois (last updated May 2020; checked 5 Nov 2026)
- Reporters Committee, Massachusetts (last updated August 2021; checked 5 Nov 2026)
- Reporters Committee, Michigan (last updated May 2020; checked 5 Nov 2026)
- Reporters Committee, Nevada (last updated May 2020; checked 5 Nov 2026)
- Reporters Committee, New Hampshire (last updated May 2020; checked 5 Nov 2026)
- Reporters Committee, Pennsylvania (last updated August 2020; checked 5 Nov 2026)
- Delaware Code title 11, subchapter VII (section 1335) (checked 5 Nov 2026)
- Florida Statutes 934.03 (checked 5 Nov 2026)
- Maryland Courts and Judicial Proceedings 10-402 (checked 5 Nov 2026)
- Montana Code 45-8-213 (checked 5 Nov 2026)
- Oregon ORS 165.540 (checked 5 Nov 2026)
- Washington RCW 9.73.030 (checked 5 Nov 2026)
- Regulation (EU) 2016/679 (GDPR), EUR-Lex (checked 5 Nov 2026)
- UK GDPR Article 5, legislation.gov.uk (checked 5 Nov 2026)
- Aircall pricing (checked 5 Nov 2026)
- Dialpad pricing (checked 5 Nov 2026)
- Quo pricing (checked 5 Nov 2026)
- RingCentral RingEX plans and pricing (checked 5 Nov 2026)
- Kixie plans (checked 5 Nov 2026)
- Reporters Committee, Delaware (last updated October 2019; checked 5 Nov 2026)