Is Hawaii a one-party consent state?
Yes. Hawaii is a one-party consent state for recording calls, under Haw. Rev. Stat. §§ 803-42, 711-1111.
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 Hawaii
Hawaii lets a call be recorded when one person on it agrees. The business is a party to every call its agent answers, so its own consent is generally enough under the statute.
§ 803-42(a) makes intercepting a wire, oral or electronic communication a class C felony. § 803-42(b)(3)(A) allows a person to record when they are a party to the call or one party has given prior consent, unless the recording is made to commit a criminal or tortious act.
Reporters Committee summary for HawaiiHawaii's privacy law separately bars installing or using a device to record sounds in a private place without the consent of everyone entitled to privacy there (§ 711-1111(1)(d)). That offense is a misdemeanor, and it is about devices placed in a private place rather than a party recording its own call.
Hawaii is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented, or recording to commit a criminal or tortious act (§ 803-42(b)(3)(A)). That interception is a class C felony, punishable by up to 5 years in prison and a fine of up to $10,000 (§§ 803-42(a), 706-660, 706-640). The person recorded can sue for the greater of actual damages plus the violator's profits or statutory damages of $100 a day or $10,000, whichever is higher, plus punitive damages and attorney fees (§ 803-48).
General information, not legal advice. Citations checked October 2026. Ask a Hawaii lawyer about your own calls.
Using an AI agent to answer your Hawaii line
Hawaii only needs one party's consent, but a caller from California or Florida brings their state's stricter rule onto the call. So the agent opens every call by saying it is recorded.
“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 Hawaii
An answering service mostly takes calls. Callbacks and reminders are outbound, and outbound calls follow the federal rules plus Hawaii's own.
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)Hawaii bars outbound sales calls to a consumer's residence outside 8 a.m. to 9 p.m. local time, letting the phone ring more than 10 times, and calling someone who has said they do not want calls from that seller (§ 481P-3).
Statute textWithin the first minute of an outbound sales call, and before any pitch, the caller must start disclosing the purpose of the call, the caller's name, the company it calls for and what is on offer, and finish within 3 minutes. Calling a number on the national do-not-call registry in violation of federal rules also violates Hawaii law (§ 481P-2(a)).
Statute textWhere Hawaii callers are
Time zone: Hawaii-Aleutian, with no daylight saving time. You set your business hours in your own time zone, and the agent takes messages outside them.
808
Statewide
States near Hawaii
Enterprise-grade security
HIPAA compliant
SOC 2 Type 2
GDPR
Hawaii call recording law FAQs
Is Hawaii a one-party or all-party consent state for recording calls?
Hawaii is a one-party consent state for recording calls, under Haw. Rev. Stat. §§ 803-42, 711-1111. Hawaii's privacy law separately bars installing or using a device to record sounds in a private place without the consent of everyone entitled to privacy there (§ 711-1111(1)(d)). That offense is a misdemeanor, and it is about devices placed in a private place rather than a party recording its own call. 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 Hawaii?
Hawaii needs one party's consent, and the business is a party. Most businesses announce recording anyway, because a caller in an all-party state such as California or Florida can bring that state's rule into the call. The sample agent opens with "Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?" This is general information, not legal advice.
What if the caller is in a different state than my Hawaii 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 Hawaii?
Managed Agents cost $0.03/min, plus telephony and LLM usage. See pricing.
Which time zone and area codes cover Hawaii?
Time zone: Hawaii-Aleutian, with no daylight saving time. Main area codes: 808. The agent answers calls from any number, and you set your business hours in your own time zone.
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