Version 0.1-draft · Public Beta
Two-party consent states require every party on a call to consent to recording before the recording begins. Single-party states require only one party (which can be the business) to consent.
YourKendra's technical enforcement: when a Customer's business address is in a two-party state, Kendra's runtime automatically prepends the state-appropriate consent script to every call opening. The Customer cannot disable this without signing a written attestation at legal@yourkendra.com.
| State | Short code | Statute (for reference) |
|---|---|---|
| California | CA | Cal. Penal Code §632 |
| Connecticut | CT | Conn. Gen. Stat. §52-570d |
| Florida | FL | Fla. Stat. §934.03 |
| Illinois | IL | 720 ILCS 5/14-1 |
| Maryland | MD | Md. Cts. & Jud. Proc. §10-402 |
| Massachusetts | MA | Mass. Gen. Laws ch. 272, §99 |
| Montana | MT | Mont. Code Ann. §45-8-213 |
| Nevada | NV | Nev. Rev. Stat. §200.620 |
| New Hampshire | NH | N.H. Rev. Stat. §570-A:2 |
| Oregon | OR | Or. Rev. Stat. §165.540 |
| Pennsylvania | PA | 18 Pa. Cons. Stat. §5704 |
| Vermont | VT | See common-law rule |
| Washington | WA | Wash. Rev. Code §9.73.030 |
> "Hi, you've reached [Business Name]. This call is being recorded for quality assurance — if that's fine with you, just keep going. I'm here to help."
Why this works in most states: announces recording, gives the caller the opportunity to hang up (implicit consent by continuing), and is delivered BEFORE any substantive conversation.
Massachusetts exception: Massachusetts requires ACTIVE (affirmative) consent. Kendra's runtime uses a different opener there:
> "Hi, you've reached [Business Name]. I'm an AI assistant and this call is being recorded. Are you okay continuing the call with recording? Just say yes or no."
Kendra waits for a "yes" equivalent before proceeding. If "no" or silence, she offers a callback.
In every other state, Kendra can still disclose recording but is not legally required to. Kendra's default posture is to disclose anyway as a professional-courtesy + brand-trust baseline, unless the Customer explicitly opts out.
Customer is solely responsible for ensuring their specific use case complies with all applicable laws, including laws in jurisdictions of outbound callers that Kendra calls. YourKendra's technical implementation is a good-faith best-effort and does not constitute legal advice.
If your state's statute or a court ruling requires different language, please email legal@yourkendra.com. We'll update the script promptly.
END · VERSION 0.1-DRAFT · PENDING ATTORNEY REVIEW