Is It Legal to Record Sales Calls?

Quick answer:

• Yes, in most cases, if you follow the rules. Canada and US federal law let you record a call you’re part of. That’s called one-party consent.
• But about a dozen US states, including California, Florida, Illinois and Washington, want everyone on the call to agree. When a call crosses borders, follow the strictest rule that applies.
• Businesses have extra duties on top of that. In Canada, privacy law expects you to tell people you’re recording, say why, and give them a choice. The simplest safe habit: announce the recording at the start of every call and stop if anyone objects.

This is general information, not legal advice. Talk to a lawyer about your situation.

A sales manager in Toronto turns on an AI notetaker for her team on Monday. By Wednesday, her reps are on calls with buyers in Texas, California and Quebec. Same notetaker, same habit, three different sets of rules. Most of the time it’s fine. The trick is knowing where it isn’t.

Here’s how recording consent works in Canada and the US, and what it means when an AI notetaker joins your sales calls.

What’s the difference between one-party and all-party consent?

One-party consent means you can record a conversation as long as one person on it agrees, and that person can be you. All-party consent (people often say “two-party”) means everyone on the conversation has to agree.

For a sales rep, the difference is simple. Under one-party consent, the rep’s own consent covers a call they’re on. Under all-party consent, the buyer has to agree too.

Is it legal to record sales calls in Canada?

Yes. Canada is a one-party consent country under criminal law, but businesses also have privacy obligations.

The Criminal Code makes it an offence to knowingly intercept a private communication. Section 184(2)(a) says that doesn’t apply to someone who has the consent, “express or implied,” of the person who started the conversation or the person it was meant for. So a rep who records a call they’re on isn’t committing a crime.

That’s the criminal side. The business side is privacy law. The Office of the Privacy Commissioner of Canada says that under PIPEDA, an organization recording customer calls “must inform the customer that they are recording a call.” It also says you should:

• Explain why you’re recording, and keep the purpose narrow. The OPC warns against “overly broad purposes.”
• Rely on implied consent only when the person continues the call knowing about the recording and why.
• Give people a real choice. In the OPC’s words, “Customers must be given a choice about whether their voice is recorded during the call.”
• Keep recordings only as long as you need them, and use them only for the reasons you gave.

Some provinces have their own private-sector privacy laws. In Quebec, the Commission d’accès à l’information says businesses collecting personal information must tell people why it’s collected, how it’s collected, their rights of access and correction, and that they can withdraw consent. If the data might leave Quebec, for example to a cloud provider in another province, that has to be disclosed too.

So in Canada, the practical rule for a sales team is: tell people you’re recording, tell them why, and let them say no.

Is it legal to record sales calls in the US?

Under federal law, yes, with one party’s consent. Some states require everyone’s.

The federal Wiretap Act, 18 U.S.C. 2511(2)(d), says it’s not unlawful for a person to record a communication when they’re a party to it, or when one of the parties has given prior consent. There’s an exception: it’s illegal if the recording is made to commit a crime or a tort.

State laws can be stricter, and they often are. According to the Reporters Committee for Freedom of the Press (RCFP) Reporter’s Recording Guide, about 11 states primarily require all-party consent:

• California
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan (RCFP notes this applies “at least” to recordings made by a third party who isn’t in the conversation)
• Montana
• New Hampshire
• Pennsylvania
• Washington

The RCFP guide also flags states with split rules:

• Connecticut and Nevada require all parties’ consent for phone calls, but not for in-person conversations.
• Oregon and Missouri require all parties’ consent for in-person conversations, but only one party for phone calls.
• Hawaii and Maine require all parties’ consent only for conversations in particularly private places.

The penalties are real. RCFP notes that most state recording laws carry criminal penalties, and most let people sue. In California, Penal Code 637.2 lets a person injured by an illegal recording recover $5,000 or three times their actual damages, whichever is more, according to RCFP’s California guide.

Can I record calls with customers in California?

Yes, if everyone on the call agrees. California Penal Code 632 requires all parties’ consent to record a confidential communication, which includes most sales calls. Section 632.7 goes further for calls involving a cell or cordless phone: according to RCFP, it applies whether or not the call is confidential.

For a sales team, that means one thing: if a buyer in California is on the call, get their consent before recording.

What about calls that cross borders?

Follow the strictest rule that applies to anyone on the call.

Picture a rep in Saskatoon (one-party consent) calling a buyer in Seattle (all-party consent in Washington). Recording based on the rep’s consent alone isn’t safe. Get everyone’s consent and you’re covered in both places.

Teams that sell across North America don’t usually track this call by call. They just treat every call as all-party consent. One announcement at the start of the call is easier than checking each buyer’s state.

Does GDPR apply if I’m calling buyers in Europe?

It can. If your call includes people in the EU, the GDPR (Regulation (EU) 2016/679) may apply to the recording, since a voice recording is personal data. Article 6 requires a lawful basis for processing it, and Article 13 requires telling people, at the time you collect it, who you are, why you’re processing it and what their rights are. If you sell into Europe, get specific advice. The safe habit is the same: tell people, explain why, and respect a no.

What does this mean for AI notetakers?

An AI notetaker is a recording tool, so all of the above applies. A few things make it easier or harder.

It should be visible. A notetaker that joins the meeting as a named participant is much easier to defend than a hidden recording. People can see it in the participant list and ask about it.

Say it out loud anyway. Don’t count on people noticing a name in the corner. A one-line mention at the start covers you in all-party states and meets the Canadian “tell them” expectation.

Make it easy to say no. If someone objects, turn the notetaker off for that call. Under PIPEDA, people are supposed to get a real choice. In all-party states, an objection means you don’t have consent.

Know where recordings go. Decide how long you keep them, who can see them, and where they’re stored. Buyers increasingly ask, and so do privacy laws.

Watch the third-party point. RCFP notes that Michigan’s all-party rule applies at least to recordings made by someone who isn’t part of the conversation. An AI notetaker isn’t a person, but it’s run by a vendor, so don’t rely on “the rep consented” in states like this. Get everyone’s consent.

What should you say before recording a call?

Keep it short and natural. Here’s a script that works on most sales calls:

Before we start, I use an AI notetaker so I can focus on you instead of typing. It records the call and sends a short summary after. Is that okay with you? If you’d rather not, I’ll switch it off.

Then actually switch it off if they say no. Write it down somewhere if your process requires a record of consent.

A quick checklist for sales teams

• Announce the recording at the start of every call, even in one-party places.
• Say why you’re recording (coaching, notes, a recap) and keep it that narrow.
• Turn recording off if anyone objects, and have a way to do it mid-call.
• Treat cross-border calls as all-party consent.
• Use a notetaker that joins visibly, not a hidden recorder.
• Decide who can see recordings and how long you keep them.
• Know where recordings are stored, and whether your vendor uses them to train AI models.
• Give people on the invite a way to stop receiving recap emails.
• Check with a lawyer about your specific markets, especially Quebec, California, Florida, Illinois and Washington.

How TrackPoint handles recording consent

We built TrackPoint Calls for sales teams that want every call reviewed without making buyers uncomfortable.

• It joins as a visible participant. The notetaker joins your Zoom, Google Meet or Microsoft Teams meeting by name, so everyone can see it.
• It announces itself. When it joins, it posts a chat message saying it’s TrackPoint’s AI notetaker and that a summary may be emailed to the people on the invite. People who join late get a short notice too.
• People can say no. If someone would rather not be recorded, they can ask the host to remove the notetaker, and a recording from a removed notetaker isn’t used.
• Reps stay in control. A rep can switch the notetaker off for any meeting, turn off auto-join altogether, or stop recording in the middle of a call.
• Recap emails have an unsubscribe link, so people on the invite can stop receiving them.
• Your data stays yours. You choose whether data is stored in the United States, Canada or Europe, and it’s never used to train AI models. See our security page.

Recording is only half of it. Every call is scored on a sales scorecard, and the weak moments turn into AI roleplays so reps can practice them before the next call. For more options, see our list of the best AI notetakers for sales teams.

Frequently asked questions

Is it legal to record a sales call without telling the other person?

Sometimes, but it’s risky and usually a bad idea. In Canada and under US federal law, you can legally record a call you’re part of without the other person’s consent. But in all-party consent states like California, Florida, Illinois and Washington, you need everyone’s consent. And in Canada, privacy law expects businesses to tell customers they’re recording. This is general information, not legal advice. Talk to a lawyer about your situation.

Is Canada a one-party consent country?

Yes, under the Criminal Code. Section 184 allows a recording when one party to the conversation consents. But businesses also have privacy duties. The Office of the Privacy Commissioner of Canada says organizations must tell customers they’re recording, explain why, and give them a choice.

Which states are two-party consent?

According to the Reporters Committee for Freedom of the Press, about 11 states primarily require all-party consent: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington. Connecticut and Nevada require it for phone calls. Oregon and Missouri require it for in-person conversations, and Hawaii and Maine only in particularly private places.

Do I need consent to use an AI notetaker?

Yes, treat it the same as any recording. In all-party consent states you need everyone’s consent, and in Canada you should tell people and give them a choice. The safest approach is a notetaker that joins visibly, plus a quick verbal announcement at the start of the call.

What should I say before recording a call?

Keep it short: “Before we start, I use an AI notetaker so I can focus on you instead of typing. It records the call and sends a short summary after. Is that okay with you? If you’d rather not, I’ll switch it off.” Then switch it off if they say no.

Can I record calls with customers in California?

Yes, if everyone on the call consents. California Penal Code 632 requires all parties’ consent for confidential communications, and 632.7 covers calls involving cell or cordless phones. People can sue for $5,000 or three times their actual damages, whichever is more, under Penal Code 637.2.

What if my rep is in Canada and the buyer is in the US?

Follow the stricter rule. If the buyer is in an all-party consent state, get their consent before recording. Many teams simply treat every call as all-party consent so they don’t have to check.

Do recorded sales calls need to be deleted after a while?

Canadian privacy guidance says not to keep recordings longer than you need them for the purpose you gave, and people can ask to access their recordings. Set a retention period and stick to it.

This is general information, not legal advice. Talk to a lawyer about your situation.

Where should you start?

Start with the announcement. One sentence at the start of every call covers most of the risk, and buyers almost always say yes.

Talk to our team about recording and coaching sales calls the right way, or try a free roleplay and practice your next call before it happens.