Call Recording & Consent

Effective date: [EFFECTIVE DATE] · Last updated: [LAST UPDATED DATE]

Apex lets Customers record, transcribe, and AI-analyze phone calls. Recording laws vary by jurisdiction, and the Customer (the business using Apex) is responsible for giving any required notice and obtaining any required consent. This page is general information, not legal advice. Laws change. Check current law and consult your own counsel.

1. One-party vs. all-party consent

One-party consent: federal law (18 U.S.C. § 2511(2)(d)) and most U.S. states let a call be recorded if one party to the call (for example, your rep) consents.

All-party (two-party) consent: several states require the consent of everyone on the call. These commonly include California, Florida, Washington, Pennsylvania, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Michigan (interpretation varies), Delaware, and others, while some states (e.g., Connecticut, Oregon, Nevada) have rules that depend on call type or method. Check current law: this list is not complete or authoritative. [COUNSEL: VERIFY AND MAINTAIN LIST]

When the parties are in different states, the stricter law may apply. A safe practice is to treat every recorded call as requiring all-party notice and consent.

2. Customer responsibilities

Give clear notice at the start of each recorded call (for example: "This call may be recorded and analyzed by AI for quality and training purposes") and obtain consent where required.
Give notice for inbound calls and voicemail greetings that are recorded or transcribed.
Tell your own employees and reps that their calls are recorded and analyzed, as your local employment laws require.
Honor requests not to be recorded, for example by stopping the recording or ending the call.
Provide any privacy notices your business owes the people you call.

3. TCPA and outbound calling

Recording consent is separate from the consent required to call someone. Customers are responsible for complying with the Telephone Consumer Protection Act (TCPA), the FCC's rules (including those on AI-generated or artificial voices), the Telemarketing Sales Rule, National and internal Do-Not-Call lists, calling-time restrictions, and state telemarketing laws. Auto dealerships and BDCs should take particular care with prior express (written) consent for marketing calls and texts. [COUNSEL: CONFIRM WHETHER APEX'S DIALER IS CLICK-TO-CALL ONLY OR HAS ANY AUTODIAL / PREDICTIVE FEATURES]

4. How Apex supports disclosure

[DESCRIBE ONLY FEATURES THAT ACTUALLY EXIST. OPTIONS TO CONFIRM: AUTOMATIC RECORDED DISCLOSURE PLAYED ON CALL CONNECT (E.G. VIA TWILIO); CONFIGURABLE DISCLOSURE TEXT/AUDIO PER WORKSPACE; RECORDING ON/OFF TOGGLE PER CALL OR PER WORKSPACE; REP ON-SCREEN REMINDER SCRIPT; INBOUND GREETING DISCLOSURE; DELETION OF A SPECIFIC RECORDING ON REQUEST.]

Suggested script for reps (Customer to adapt with counsel): "Hi, this is [REP NAME] with [COMPANY]. Just so you know, this call is recorded and may be analyzed with AI for quality and training. Is that okay?"

5. Bring-your-own-VoIP

If you connect your own VoIP system (for example, RingCentral, 8x8, Zoom Phone, Dialpad, or SIP), your existing system's notice and consent settings apply to the calls it sends to Apex. You must make sure those calls were lawfully recorded before sending them to Apex.

6. Requests from people who were called

If you were called by a business using Apex and want a recording deleted, please contact that business. You may also contact us at [CONTACT EMAIL] and we will forward your request to the Customer.

7. Contact

[LEGAL ENTITY NAME]
[MAILING ADDRESS]
[CONTACT EMAIL]