OK, if you need both parties' consent to record and the law reads that if you inform the person that the conversation is being recorded, continuing the call implies consent to being recorded, THEN, if you hear (and record) the following when you call some company: "This call may be recorded for quality or other purposes." Can you assume that the person/company you are calling has consented to being recorded? Clearly they are consenting to THEM making a recording, but doesn't that imply they are also giving you consent to make a recording as well? What I'm trying to explore are the ways to get informed consent as discreetly as possible (Remembering to record this on your recorder, of course). e.g. Would this count as consent in a 2-party consent context? YOU: "Is this call being recorded?" THEM: "Yes, we record our calls for quality and training purposes." YOU: "So it doesn't bother you that this call is being recorded?" THEM: "No, of course not." YOU (to yourself): "Thank you!" or... THEM (via recording while you are waiting to connect to a human): "This call may be recorded for quality or training purposes." YOU (after they pick up): "Hello, I'm calling about..." In the first case you have what would seem to be explicit consent, in the second, you would have implied consent even if the recording came from the person/company you called. Bottom line, here, is that is seems that if both of you give consent for one party to record, you are both giving the same permission for the other party to record. Am I missing something here?
Check each state's law. Some are two party but, most are one party. However, it's probably best just to ask for consent in any event.
