When it comes to consent to record, FieldSpark has you covered. If a technician resides in a state that requires consent to record, a prompt will appear asking the technician to confirm they received consent from the customer before the recording begins. Review the information below for a list of where consent is required.
1. Consent to record in the United States
In the United States, 12 states are two-party consent states, meaning that all parties involved in a conversation must consent to be recorded. The remaining states are one-party consent states, meaning that only one party needs to consent to be recorded.
Two-party consent states
California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan*
Montana
Nevada
New Hampshire
Pennsylvania
Washington
One-party consent states
All other states are one-party consent states.
2. Consent to record globally
Key points about consent to record in different regions:
Europe (including the UK): Generally, requires consent from all parties involved due to GDPR regulations.
United States: Varies by state, with some states requiring only one party's consent ("one-party consent") while others require all parties' consent ("two-party consent").
Australia: Requires consent for recording conversations.
Canada: Typically requires consent to record conversations.
India: While recording is possible, the legal landscape around consent can be unclear.
3. Consent Declined Behavior
When a customer declines consent to record:
Recording stops immediately.
Any audio captured before consent was declined is still processed.
The recording is uploaded and stored.
A transcript is generated.
Speaker identification is generated.
Features That Are Disabled
When consent is declined, the following features are not performed:
Tone Analysis
Script Analysis
Objection Analysis
Dialogue IQ Scoring
FAQ: Why Is Audio Captured Prior to Consent Declination Retained?
The audio captured before consent was declined is retained for the following reasons:
Verification of Consent Request
Provides evidence that the technician requested consent in accordance with company policy.
Quality Assurance
Allows administrators to review trends when customers frequently decline consent and identify potential coaching or process improvements.
Documentation and Liability Protection
Provides a record of the customer's consent decision and demonstrates that recording was handled according to policy.