Owlbell — Call Recording & Consent Policy
TEMPLATE / GUIDANCE — NOT LEGAL ADVICE. Recording laws change and vary by state
and country. Verify the current rules for every jurisdiction your callers are in with
a licensed attorney. When in doubt, get consent from everyone on the call.
Owlbell can record and transcribe calls. Recording is a powerful feature — and a legal responsibility. This document explains the rules and how to stay compliant.
1. Why this matters
Recording a call without the legally required consent can expose you (the Customer) to civil and even criminal liability. Because Owlbell records on your behalf, you are responsible for lawful disclosure and consent. We give you the tools (disclosures, configuration); you must use them correctly.
2. One-party vs. all-party consent
U.S. wiretap law splits into two models:
- One-party consent: only one person on the call needs to consent (that can be you).
This is the federal standard and the rule in the majority of states.
- All-party (a.k.a. "two-party") consent: every participant must consent before
recording.
States commonly treated as all-party / two-party consent (verify — laws change): California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon (in-person), Pennsylvania, Washington, and Delaware. Some of these have nuances (e.g., expectation-of-privacy tests, business-call exceptions).
Practical rule of thumb: behave as if every call is all-party consent. It's the
safe default, it's simple to operate, and it keeps you compliant everywhere.
3. Cross-jurisdiction calls
If a call crosses state lines (your business in a one-party state, caller in an all-party state, or vice versa), courts may apply the stricter rule. Again: default to all-party consent.
4. How Owlbell helps you comply
- Automated recording disclosure played at the start of the call, before any
recording is used substantively. Configurable per tenant; on by default when recording is enabled.
- Per-tenant recording on/off and per-number settings.
- Caller opt-out handling: if a caller objects, the AI can continue without
recording (configure this behavior).
- Retention controls: set how long recordings/transcripts are kept (default 90 days) — see the Privacy Policy.
5. Recommended disclosure scripts
Place at the very beginning of the greeting:
Standard: "Thanks for calling [BUSINESS NAME]. This call may be recorded and
transcribed for quality and scheduling. How can I help you today?"
Explicit consent (strongest): "Thanks for calling [BUSINESS NAME]. This call is
recorded for quality and scheduling — if that's okay, say 'yes' or stay on the line;
otherwise let me know and I won't record."
Spanish: "Gracias por llamar a [BUSINESS NAME]. Esta llamada puede ser grabada y
transcrita para calidad y para agendar su cita. ¿En qué puedo ayudarle?"
Keep a record that the disclosure was played (Owlbell logs this).
6. SMS / text consent (TCPA)
Outbound marketing SMS generally requires prior express written consent. Appointment confirmations/reminders to a customer who gave their number for that purpose are usually permissible, but rules are strict. Honor STOP/opt-out immediately. Consult counsel before any outbound texting program.
7. Healthcare & sensitive sectors
If you are a healthcare provider (dental, medical clinic, etc.), recordings and caller information may include PHI. You must have a Business Associate Agreement (BAA) in place — see the DPA. Additional consent and safeguards apply.
8. Customer responsibilities checklist
- [ ] Keep recording disclosure enabled (or explicitly accept the risk of disabling).
- [ ] Use the all-party-consent default unless counsel advises otherwise.
- [ ] Confirm requirements for every state/country your callers are in.
- [ ] Configure caller opt-out behavior.
- [ ] Set an appropriate retention period.
- [ ] If in healthcare, execute a BAA before going live.
See also: Privacy Policy, Data Processing Addendum, Terms of Service.