Best Practices for Creating a Call Recording Disclaimer



Disclaimer: We are not lawyers and this post is not legal advice. Consult your legal team before beginning any call recording program.

If you make outbound calls into two-party consent states, you can record them so long as you remain compliant by disclosing that you are recording the conversation. There are a variety of ways to disclose you are recording the call, however some methods are not compliant in every state. Be sure to review your call recording disclosure statements with legal counsel before implementing them with your team.

Compliant Call Recording Disclaimer Methods

There are three methods for disclosing you are recording an outbound call. Each method has benefits and detractors which are important to keep in mind, especially when it comes to sales calls.

Faint Beeps or Tones

Most notably, this method is explicitly outlined as compliant with California call recording laws. All parties are alerted that the call is being recording by an audible faint tone or beep that plays at a regular interval throughout the conversation. This method falls under “implied consent” which means that by staying on the line after hearing the beep, the parties to the conversation have given their consent for its recording.

Pre-Recorded Notification Prior to Connecting

Some call recording software includes the ability to play a pre-recorded message that notifies the person you’re calling that the call will be recorded. While this method may work in other scenarios, it can be quite detrimental for cold calling. The pause and message before connecting provides prospects with an opportunity to hang up before you’re even connected. The third method, having the rep announce it, is the most effective for teams that cold call.

Compliant Call Recording Disclosure Scripts

The easiest way to get consent to record sales calls involving two-party consent states is simply to ask. Build call recording disclosures into your phone scripts to ensure reps are asking at the beginning of the conversation.

Here are examples of compliant call recording disclaimers in action:

“Hello, this is [name] calling from [company] on a recorded line…”

The benefit to this version is it’s unobtrusive. When reps master sounding natural with this new opening, most prospects will carry on with the conversation without hesitation.

“Hi, this is [name]. May I record this call so I can complete my notes later?”

This version allows reps to get explicit consent from the other parties and leverages the power of because. When you provide a reasoning for your ask, 93% of the time you will get a positive response. Reps can even take this one step further by adding “I’d like to give you my undivided attention” to the disclaimer.

Not sure what to do with those call recordings? Find out how call intelligence software helps you mine valuable data about every deal, right from your sales conversations.

Learn more about US Call Recording Laws:

Practical Call Recording Advice for Sales Leaders

State-by-State Call Recording Laws

Download a Primer on Call Recording Laws