The short version. Recording is switched on per source in your workspace, and it is your call to make. If you record calls with anyone in an all-party consent state, play a disclosure at the start of the call and keep it there. This page explains how, and what Nexgen Call does and does not do for you.
1. Two rules, not one
Federal law permits recording a call if one party to it consents, and you are a party. Fourteen states go further and require every party to consent. Those states are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington.
The stricter rule usually wins. If you are in a one-party state and the person you call is in an all-party state, assume you need their consent. Caller ID does not tell you where a person actually is, so the safe pattern for a business that takes calls from anywhere is to disclose on every recorded call.
The exposure is not theoretical. State wiretap statutes carry civil damages, and some carry criminal penalties. This page is general information and is not legal advice.
2. What Nexgen Call does
- Recording is a per-source setting. A source with recording off is never recorded, inbound or outbound.
- Recordings are stored in your own Twilio account and are surfaced in your workspace. Access is limited to users of your workspace whose role allows it.
- Recordings stay in your Twilio account under the retention you set there; we keep the call record and any transcript for as long as your workspace is active. See the Privacy Policy.
- Deleting a recording on request is supported. Write to [email protected] with the number and date.
3. What Nexgen Call does not do
- We do not decide whether you may record a given call. That depends on where you and the other party are, and on why you are recording.
- We play a short recording disclosure at the start of every recorded inbound call by default, using standard wording or the wording you set for your workspace or source. You can switch it off per workspace or per source. If you do, the announcement becomes your responsibility, as described below.
- We do not capture or store a record of the consent itself. If you need proof that a caller was told, keep the recording of the announcement at the head of the call, which is the usual evidence.
4. How to put a disclosure in front of a recorded call
- Inbound. Leave the automatic disclosure on, or set your own wording in Settings or on the source. If you switch it off, put the announcement in your source's greeting before the call connects to a rep. A plain sentence is enough: "This call may be recorded for quality and training purposes."
- Outbound. Have the rep say it as the first line of the call, before any substantive conversation. Put it in the script, not in the rep's memory.
- Both directions. If the other person objects, either stop recording or end the call. Continuing after an objection is the fact pattern that produces claims.
- Turn recording off where you do not need it. If a source exists to count calls rather than to review them, leave recording off for that source.
5. If you were recorded
If you called a business that uses Nexgen Call and you want the recording removed, contact that business first, since they control it. If you cannot reach them, email [email protected] with the number you called from and the approximate date and we will pass the request on and follow up.
6. Related
Acceptable Use Policy covers consent to call and to text, calling hours, opt-outs and 10DLC registration. Privacy Policy covers what happens to the recording once it exists.