[nkozyra]

> You don't have to tell them. You're dealing with the company, not the individual employee. If the company is recording the call, so can you.

The whole point of "this call may be recorded" is to establish consent between both parties. In two-party consent states (caller or recipient), you still have to establish consent to record.

If you're calling from a 1-party consent state to a 1-party consent state, you don't have to tell them, although I don't know how that works legally with call center routing.

[StackRanker3000]

If they’ve already told you that they’re recording, hasn’t consent already been established? You don’t need to ask again. It’s not like they’ve gotten consent for themselves to record, but not you.

[nkozyra]

My understanding is that intent needs to be established for any recording. If you establish consent and the second party records without consent I'm not sure where that stands but the spirit of the law seems to suggest every party must consent to every recording.

[dghlsakjg]

"This call may be recorded..."

They don't specify that it may not be you that records it. They are consenting.

[nkozyra]

> They don't specify that it may not be you that records it. They are consenting.

My - not a lawyer - understanding of consent laws is they're tied somewhat to privacy expectation laws.

If I tell you I am recording you, your expectation of privacy is lessened. But mine isn't, necessarily, because I control the recording and its potential dissemination.

[dghlsakjg]

They aren't telling you that they are recording. The exact phrasing is normally, "This call may be recorded", not "X Corp may be recording this call"

The former can be interpreted as explicit consent to record the call, after all they provided the consent, but you actually haven't.

[nkozyra]

> They aren't telling you that they are recording

Right but that's less important than telling the other party that anyone might be recorded. Because, again, spirit of the law, it loosens expectations of privacy.

Given there are only two parties on the call, only one needs their consent solicited anyway.