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Recording calls: what the law asks of a trade shop

One-party and all-party states, what the notice must say, and what Pickwick does about a caller who says no.

Most states let a business record a call if one party to it consents, and the business is a party. A minority require every party to consent, which in practice means the caller has to be told and carry on. Because a caller can be anywhere, the safe rule is the one Pickwick follows: tell every caller, first, before anything else (after the language choice, where Spanish is on), in the language they chose.

Which states require all-party consent

California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington. When a caller's number is from one of these, the dashboard flags any call where the notice was not heard in full, because there the shop's own consent is not enough.

What the notice says

"I'm an automated assistant, and this call is recorded." Two facts, no hedging. It is said by the system, not the model, so it cannot be skipped or paraphrased, and it is owed again if a caller talked over it.

When a caller says no

Recording stops on that turn, and what was kept so far (audio and transcript) is deleted; what the caller asked the shop to do — their name, number, address, the problem — is kept, because that is their request, not a recording of them. The caller is told, and the call carries on.

This is how the software behaves, not legal advice. Your own obligations depend on where you operate and who calls you; check them with someone who can advise you.

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