> ## Documentation Index
> Fetch the complete documentation index at: https://docs.thunderphone.com/llms.txt
> Use this file to discover all available pages before exploring further.

# Call recording consent laws

> Why the recording announcement exists, what the law requires in different places, and what your organization takes on if you turn the announcement off.

<Note>
  This page is a practical orientation, not legal advice. Recording and
  wiretap laws vary by state and country and change over time — consult
  your counsel about your specific call flows.
</Note>

By default, every ThunderPhone agent opens its calls with a short spoken
announcement (for example, *"This call is with an AI assistant and will be
recorded and transcribed."*). This page explains which kinds of laws that
announcement is designed to address and what your organization becomes
responsible for if you [turn it off](#turning-the-announcement-off). It
describes the legal landscape; it does not certify that the announcement
satisfies any particular jurisdiction's requirements for your calls.

## What the announcement covers

**United States — recording consent.** Federal law and most states allow
recording when *one* party to the call consents ("one-party consent").
But a number of states — including California, Florida, Illinois,
Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and
Washington — require *every* participant's consent ("all-party consent"),
and it is generally the strictest applicable state's rule that matters
when callers can be anywhere. A clear announcement at the start of the
call, with the caller continuing afterward, is the widely used way
businesses seek consent on recorded lines — but what counts as valid
consent is defined by each state's statute and case law, and some (such
as [California Penal Code § 632](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN\&sectionNum=632))
provide no blanket continued-participation safe harbor. California's
Invasion of Privacy Act (CIPA) is the most actively litigated of these
statutes, and recent cases have applied it to AI vendors that listen to
or transcribe calls in real time — not just to stored recordings.

**United States — AI disclosure.** A growing set of states (Utah,
Colorado, Maine, Texas, among others) regulate telling consumers when
they are interacting with an AI system rather than a person. Scope
varies: some require disclosure only when the consumer asks, with
proactive disclosure reserved for specific regulated interactions (see
e.g. [Utah Code § 13-77-103](https://le.utah.gov/xcode/Title13/Chapter77/13-77-S103.html)),
while others reach further. The announcement's "AI assistant" language is
a proactive disclosure aimed at this family of rules.

**European Union and UK.** GDPR requires a lawful basis and transparency
for processing call audio and transcripts; the EU AI Act (Article 50)
separately requires disclosing that a caller is interacting with an AI
system. The announcement provides the disclosure half; your organization
remains responsible for its lawful basis.

**Everywhere else.** Most jurisdictions have some combination of
recording-notice and interception rules. The announcement is designed as
a conservative default for them; whether it is sufficient for a given
jurisdiction and call flow is your organization's determination to make.

## How ThunderPhone strengthens your position

When the announcement plays, ThunderPhone also stores content-free
evidence of what happened next — that the notice finished playing and
that the caller kept talking afterward. If a recording is ever
challenged, the recording itself begins with the announcement, and the
call's consent evidence shows the caller heard it and continued.

## Turning the announcement off

Organization admins can turn the announcement off per agent (Agent →
Advanced → Consent announcement). Doing so removes a default compliance
control while **recording, transcription, and AI processing continue**,
so the confirmation dialog asks you to confirm that your organization
will provide any legally required notice and obtain any legally required
consent itself — for example, because your phone system already plays its
own recording notice, or your customer relationships establish consent
another way. ThunderPhone can restore the announcement at any time.

## Turning recording off, and the AI-processing disclosure

Organizations can also turn **call recording itself** off — organization-wide
(Organization → General → Call recording & AI disclosure) or per agent
(Agent → Advanced). Calls without recording keep no recordings, transcripts,
or stored call content.

Turning recording off does not end your notice obligations: interception and
AI-disclosure rules (including CIPA-style statutes and the EU AI Act) can
apply to *live* AI processing of a call even when nothing is stored. So on
calls that are not recorded, agents play a different, shorter notice by
default:

> "This call is with an AI assistant; audio is processed live but not
> recorded."

This AI-processing disclosure has its own controls: an organization-wide
default plus a per-agent override (inherit / always play / don't play).
Turning it off is a separate attested decision — an organization admin
confirms in a dialog that the organization will provide any legally required
notices and disclosures, and obtain any legally required consents, for its
calls while the disclosure is off. Without an active attestation, the
disclosure plays regardless of the saved setting, and ThunderPhone can
restore it at any time.
