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Is California a two-party consent state?

California is a two-party (all-party) consent state: everyone on the call has to consent before it is recorded. Businesses usually handle this by announcing the recording at the start of the call.

General information, not legal advice. Check the statute and talk to a lawyer about your situation.

Statute checked October 15, 2026

The law

Rule
A two-party (all-party) consent state
Statute
Cal. Penal Code 632(a), (c); 632.7(a) (statute text from Justia's copy of the state code), related section 1
Notes
Recording a confidential communication requires the consent of all parties; a communication is not confidential where the parties may reasonably expect it to be overheard or recorded (Penal Code 632). A separate provision requires all parties' consent to record calls involving a cellular or cordless phone, without the confidentiality limit (Penal Code 632.7).

For businesses using an AI receptionist

AI receptionists usually record and transcribe calls. Announcing at the start of the call that it's recorded, and that the caller is speaking with an AI assistant, is the common way businesses handle callers from states with stricter rules.

Compare AI receptionists and check which ones announce recording and AI use.

Other California rules for AI calls

Bots: disclosure (B.O.T. Act)

AI disclosure

It is unlawful to use a bot to communicate or interact with a person in California online with the intent to mislead them about its artificial identity, in order to knowingly deceive them about the content of the communication to encourage a purchase or sale of goods or services, or to influence a vote. There is no liability if the bot discloses that it is a bot, and the disclosure must be clear, conspicuous and reasonably designed to inform the person. The law defines a bot as an automated online account and "online" as appearing on a public-facing website, web application or digital application, so it is unclear whether an ordinary phone call is covered.

Cal. Bus. & Prof. Code 17940-17943 (Stats. 2018, ch. 892, SB 1001)

See the rule in each state or all rules for AI phone calls.