Is Delaware a one-party consent state?
Not clearly. Delaware's statutes and courts point different ways on recording calls (Del. Code tit. 11, §§ 1335, 2402), so we plan for all-party consent there.
General information, not legal advice. Laws change and we can get things wrong, so check with a lawyer before relying on any of this. Citations checked October 2026. Spotted an error? Tell us.
Recording calls in Delaware
Delaware's law can be read either way, so we treat it as all-party. If the agent records the calls it answers, each caller hears that at the start.
Title 11, § 1335(a)(4) makes it a crime to intercept a private telephone message without the consent of all parties. The wiretap act, § 2402(c)(4), lets a party to a call record it, unless the recording is made to commit a crime or a tort.
Reporters Committee summary for DelawareDelaware's wiretap act allows one-party consent, but its privacy statute makes it a crime to intercept a private telephone message without the consent of all parties. A 1975 federal court read the statutes to let a party record its own call, but no Delaware court has settled the conflict, so this page plans for all-party consent.
Intercepting a private telephone message without the consent of all parties is a class A misdemeanor under § 1335(a)(4), punishable by up to 1 year in prison and a fine of up to $2,300 (§ 4206(a)). An interception that breaks the wiretap act is a class E felony with up to 5 years in prison and a fine of up to $10,000 (§§ 2402(b), 4205(b)(5)). The person recorded can sue under the wiretap act for actual damages of at least $100 a day or $1,000, whichever is higher, plus punitive damages and attorney fees (§ 2409).
General information, not legal advice. Citations checked October 2026. Ask a Delaware lawyer about your own calls.
Using an AI agent to answer your Delaware line
Delaware's law can be read either way, so the agent treats it as all-party and gives the recording notice in its first sentence, before the caller says anything.
“Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?”
A Cartesia voice agent answers your business line, says this on every call, then takes messages or transfers the caller to your team.
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If the agent also calls out from Delaware
An answering service mostly takes calls. Callbacks and reminders are outbound, and outbound calls follow the federal rules.
Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.
47 U.S.C. § 227(b)(1)(B)47 C.F.R. § 64.1200(a)(2) and (a)(3)FCC ruling on AI voices, February 2024Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.
16 C.F.R. § 310.4(c)Where Delaware callers are
Time zone: Eastern. You set your business hours in your own time zone, and the agent takes messages outside them.
302
Statewide
States near Delaware
Enterprise-grade security
HIPAA compliant
SOC 2 Type 2
GDPR
Delaware call recording law FAQs
Is Delaware a one-party or all-party consent state for recording calls?
Delaware's statutes and courts point different ways on recording calls (Del. Code tit. 11, §§ 1335, 2402), so we plan for all-party consent there. Delaware's wiretap act allows one-party consent, but its privacy statute makes it a crime to intercept a private telephone message without the consent of all parties. A 1975 federal court read the statutes to let a party record its own call, but no Delaware court has settled the conflict, so this page plans for all-party consent. This is general information, not legal advice. Ask a lawyer about your own calls.
Do I have to tell callers an AI agent is recording in Delaware?
Plan on yes. Delaware's rule is contested, so we plan for every party's consent, so the agent should say the call is recorded at the start. The sample agent opens with "Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?" and you can change the rest of the line. This is general information, not legal advice.
What if the caller is in a different state than my Delaware business?
The stricter state's rule can apply. In Kearney v. Salomon Smith Barney (2006), the California Supreme Court held that California's all-party rule governs, going forward, calls a Georgia office records with clients in California. A business that takes calls from other states usually announces recording on every call.
How much does a Cartesia agent cost to answer calls in Delaware?
Managed Agents cost $0.03/min, plus telephony and LLM usage. See pricing.
Which time zone and area codes cover Delaware?
Time zone: Eastern. Main area codes: 302. The agent answers calls from any number, and you set your business hours in your own time zone.
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