Most AI receptionists and answering services can record or transcribe calls. If your business is in New Jersey, it's worth knowing what state law currently says, how calls from other states change the picture, and why a short notice at the start of the call is the simple, safe habit. This is general information with links to the laws themselves, not legal advice.
New Jersey: one-party consent, for now
New Jersey's Wiretapping and Electronic Surveillance Control Act, at N.J.S.A. 2A:156A-4(d), currently allows a person who is not acting under color of law to record a phone call when that person is a party to the call, or when one of the parties has given prior consent, unless the recording is made for a criminal, tortious or other injurious purpose. In practice, that's called "one-party consent."
A bill pre-filed for the 2026 legislative session, Assembly Bill A1211, would change that subsection to require that all parties consent. When we checked the bill text, it was at the introduction stage. Bills can stall or pass, so check its current status on the New Jersey Legislature's site before relying on one-party consent.
Federal law
The federal wiretap statute, 18 U.S.C. § 2511(2)(d), follows a similar one-party rule for people not acting under color of law, again excluding recordings made for criminal or tortious purposes. State law can be stricter than federal law, which is why the state your caller is in matters.
Callers from other states
New Jersey businesses get plenty of calls from New York and Pennsylvania. New York is generally treated as a one-party consent state. Pennsylvania's wiretap law, 18 Pa.C.S. § 5704(4), generally requires that all parties consent to a recording. When a call crosses state lines, it isn't always clear which state's law applies, so many businesses simply tell every caller up front.
The simple habit: say it at the start
A one-sentence notice handles most of this: "This call may be recorded and summarized for the business." If a caller continues after hearing it, you have a clear record that they knew. It costs a few seconds and works the same for every caller, whichever state they're in.
AI disclosure is a separate question
Recording laws are about capturing the call. Whether callers must be told they're talking to an AI is a separate question that differs by situation and is changing quickly. For outbound calls, the FCC ruled in February 2024 that AI-generated voices count as an "artificial or prerecorded voice" under the TCPA, so those calls generally require the called party's prior express consent. That ruling is about calls a business places, not calls customers make to you.
Our approach is simple: Ava tells every caller she's an AI at the start of the call and again if they ask. We think honesty is the right default regardless of what any single law requires.
A short checklist
- Decide whether you need recordings at all, or whether summaries are enough.
- Add a recording notice to the greeting if calls are recorded.
- Make sure your AI receptionist says it's an AI.
- Keep only what you need, for as long as you need it.
- If you're in a regulated field (law, health care, finance), check your professional rules and ask your attorney.
Sources
- NJ Legislature: Assembly Bill A1211 (2026 session), showing current N.J.S.A. 2A:156A-4(d)
- 18 U.S.C. § 2511 (Cornell LII)
- Pennsylvania General Assembly: 18 Pa.C.S. § 5704
- New York Penal Law § 250.00
- FCC Declaratory Ruling FCC 24-17, Feb. 2024
This guide is general information, not legal or technical advice for your specific setup.