Recording conversations: the consent basics, and a script that works

This is general information, not legal advice. Laws change and facts matter; for a specific situation, speak to a lawyer who practises where you and the other people on the call are.

One-party and all-party consent

One-party consent means a participant may record a conversation they are part of. U.S. federal law works this way, under 18 U.S.C. § 2511(2)(d) (Cornell LII).

All-party consent means everyone must agree. California is the best-known example, along with several other states (RCFP). On a call that crosses state or national lines, the stricter rule is the safer assumption.

What the Otter ruling changed

On 13 August 2026, Judge Eumi K. Lee in the Northern District of California granted Otter's motion to dismiss only in part, allowing claims under the federal Wiretap Act, California's privacy law and Illinois's biometric privacy law to proceed (UC Today; the order). The ruling decides that the plaintiffs pleaded enough to continue. It does not decide that Otter broke the law, and Otter denies the claims.

What matters for everyone else: the argument that an AI note taker is simply "the host's ears" did not end the case. If a vendor processes and keeps audio, courts may look at the vendor as a separate party to the conversation.

India and the EU, briefly

India has no single recording statute, but privacy is a fundamental right and the DPDP regime's consent duties apply from 13 May 2027 (Khaitan & Co). Our India guide goes deeper. In the EU, a recording of an identifiable person is personal data under the GDPR, so you need a lawful basis and must tell people.

The script

"Before we start: I use a note-taker so I can listen properly. It records this call for my notes only. Is everyone comfortable with that?"Say it at the start, every time

• If someone joins late, say it again.
• If anyone hesitates, switch it off without asking why.
• If the topic turns sensitive, offer to pause.
• In the invite, add one line: "This meeting may be recorded for notes."

Questions people ask

Sources