Recording consent

A usable disclosure is delivered before substantive conversation begins, states plainly that the call is being recorded, and — where all-party consent applies — gives the recipient a real opportunity to object. Burying it in a fast preamble that the caller talks over defeats the purpose and is unlikely to be defensible.

The evidence is as important as the disclosure. Storing when the disclosure was played, what it said, and how the recipient responded turns an assertion into a record. The version of the disclosure text matters too, because wording changes over time and a dispute concerns what was actually said on that call.

Retention and purpose deserve separate decisions. Audio kept indefinitely is a growing liability, particularly where it contains payment details or health information, so a defined retention period with automatic deletion is the norm. Secondary use for model training is a distinct purpose that most consent language does not cover, and treating it as included because the recording exists is a common and avoidable error.