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Call recording & consent

Recording and transcription obligations for AI voice agents, including two-party consent jurisdictions and AI disclosure requirements.

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Guidance, not legal advice

This page explains how to configure Chatley to meet recording and disclosure obligations. It is not a substitute for advice on the jurisdictions you call into — consent law varies and changes. The binding terms are the Privacy Policy and Terms of Service.

Chatley records and transcribes calls so that you can review them, search them, and measure outcomes. Recording a telephone call is regulated almost everywhere, and the rules differ depending on where each party is physically located — not where your business is registered.

Broadly, jurisdictions fall into two groups:

  • One-party consent — only one participant needs to know the call is being recorded. Because your agent knows, this is usually satisfied.
  • Two-party (or all-party) consent — every participant must consent. Your agent knowing is not enough; the person on the other end must be told and must agree.
The stricter rule usually wins

When a call crosses a boundary — a caller in a two-party jurisdiction reaching a number in a one-party one — the safe assumption is that the stricter rule applies. Do not assume your own location governs the call.

Disclosing that the caller is speaking to an AI​

Separately from recording consent, a growing number of jurisdictions require that a person be told they are talking to an artificial voice rather than a human, sometimes within the first seconds of the call.

These are two different obligations and one does not satisfy the other. A disclosure that the call is recorded says nothing about who is speaking.

What to put in your agent's opening​

A single opening line can cover both obligations. Configure it in your agent's instructions so it is spoken before anything else:

"Hi, you've reached your business name. I'm an AI assistant, and this call is recorded for quality and training. How can I help?"

Make it the first thing said

If disclosure arrives after the caller has already given their name and reason for calling, it has arrived too late to serve its purpose.

Retention and deletion​

Decide how long you keep recordings and transcripts, and be able to say so. Callers in several jurisdictions have the right to request deletion, and "indefinitely" is rarely a defensible answer.

The Privacy Policy sets retention for account, billing and security data, but does not state a period for call recordings and transcripts. Until it does, set your own policy and delete recordings you no longer need.

If you have data residency or zero-retention requirements, the Privacy Policy directs Enterprise customers to security@chatley.ai to configure the account accordingly.