Trust Center · State consent
Consent posture, state by state, with the awkward states named.
About a dozen states require the consent of every party to a recorded conversation. This table states our understanding of the posture in each state, and flags the ones where we will tell you honestly that a first deployment is a bad idea.
This page is not legal advice, and statutes and their interpretation change. Every deployment follows the retailer’s own counsel.
Where not to start
Some states are a poor first deployment, and we will say so on the first call.
This costs us deals and it saves programmes. A pilot that stalls in a legal review for five months does not produce a readout, and a readout is the only thing that gets a chain-wide decision made.
Massachusetts
All-party consent with an unusually strict statute and no expectation-of-privacy carve-out. We will say plainly that this is not where a pilot should start.
Pennsylvania
All-party consent, and historically an aggressive enforcement posture. A poor choice for a first deployment.
Illinois
All-party eavesdropping statute, and BIPA sits alongside it. Gaincraft creates no voiceprints anywhere, which is the design decision that came out of this state.
If your district sits in one of these states, the honest recommendation is usually to pilot in a one-party state first, produce the readout, then take a proven programme into the harder state with your counsel and a number in hand.
The table
All fifty states and the District of Columbia.
| State | Consent posture | Note |
|---|---|---|
| Alabama | One-party consent | — |
| Alaska | One-party consent | — |
| Arizona | One-party consent | — |
| Arkansas | One-party consent | — |
| California | All-party consent | All-party consent under the Invasion of Privacy Act. Large retail market, so the signage and verbal-disclosure design has to work here or a national rollout does not work at all. |
| Colorado | One-party consent | — |
| Connecticut | All-party consent | — |
| Delaware | All-party consent | — |
| District of Columbia | One-party consent | — |
| Florida | All-party consent | All-party consent. Significant jewellery and automotive market, and a state where we recommend counsel review before a first deployment rather than after. |
| Georgia | One-party consent | — |
| Hawaii | One-party consent | — |
| Idaho | One-party consent | — |
| Illinois | All-party consent | All-party eavesdropping statute, and BIPA sits alongside it. Gaincraft creates no voiceprints anywhere, which is the design decision that came out of this state. |
| Indiana | One-party consent | — |
| Iowa | One-party consent | — |
| Kansas | One-party consent | — |
| Kentucky | One-party consent | — |
| Louisiana | One-party consent | — |
| Maine | One-party consent | — |
| Maryland | All-party consent | — |
| Massachusetts | All-party consent | All-party consent with an unusually strict statute and no expectation-of-privacy carve-out. We will say plainly that this is not where a pilot should start. |
| Michigan | All-party consent | — |
| Minnesota | One-party consent | — |
| Mississippi | One-party consent | — |
| Missouri | One-party consent | — |
| Montana | All-party consent | All-party consent with a notification requirement, which our signage design is built around. |
| Nebraska | One-party consent | — |
| Nevada | All-party consent | All-party consent as interpreted for in-person conversations. Scope with counsel. |
| New Hampshire | All-party consent | — |
| New Jersey | One-party consent | — |
| New Mexico | One-party consent | — |
| New York | One-party consent | — |
| North Carolina | One-party consent | — |
| North Dakota | One-party consent | — |
| Ohio | One-party consent | — |
| Oklahoma | One-party consent | — |
| Oregon | All-party consent | — |
| Pennsylvania | All-party consent | All-party consent, and historically an aggressive enforcement posture. A poor choice for a first deployment. |
| Rhode Island | One-party consent | — |
| South Carolina | One-party consent | — |
| South Dakota | One-party consent | — |
| Tennessee | One-party consent | — |
| Texas | One-party consent | — |
| Utah | One-party consent | — |
| Vermont | One-party consent | — |
| Virginia | One-party consent | — |
| Washington | All-party consent | All-party consent. Notice-based consent is workable, and the plain-language notice matters more here than the signage alone. |
| West Virginia | One-party consent | — |
| Wisconsin | One-party consent | — |
| Wyoming | One-party consent | — |
Tell us your states and we will tell you where to start.
If the answer is that your footprint is a difficult first deployment, that is what you will hear.