As you consider using our products, it's crucial to understand the legal landscape, especially regarding recording conversations in different states. Here’s a straightforward breakdown of how this works with InStore.ai, particularly in two-party consent states.

When you hear the term "two-party consent state," it's specifically referring to wiretap laws that require all parties in a conversation to agree to be recorded. Federal and state wiretap laws generally protect private spoken communications from being recorded without consent. However, these protections only apply if the conversation is considered private—meaning the speaker must believe the conversation is private, and this belief must be objectively reasonable.

The conversations recorded by our products occur between customers and store employees at the register—a setting where privacy expectations do not apply according to the U.S. Supreme Court. The Court has clearly stated that there is no reasonable expectation of privacy in public areas of a store where business transactions occur. Consequently, the typical interactions captured by InStore.ai at the register do not fall under the category of protected private communications.

Under federal law, and nearly all state laws, recording is permissible if at least one party involved in the conversation consents. For InStore.ai, this means if store employees are informed and consent to recording, it complies with legal standards. In settings where you prefer additional safeguards, we can assist in implementing strategies to ensure employees are fully informed and agree to the recording process.

In states requiring two-party consent—such as California, Florida, Illinois, and others—it is essential that all parties involved in a recorded conversation give their consent. This consent can be explicit, through a direct agreement, or implicit, by continuing a transaction after being clearly informed that the conversation may be recorded.

To comply with these laws, it is crucial to provide clear and conspicuous notices that conversations may be recorded. These notices should be placed in a manner that ensures they are easily seen and understood by all parties involved in the transaction. If desired, we can collaborate to create and display notices effectively, potentially in multiple languages or formats, to ensure comprehension and compliance.

Example of Notice:

It's important to note that many stores already employ some form of recording, typically video, and their employment contracts may already include stipulations that cover recording, including audio. This existing framework can often simplify the process of integrating and legitimizing audio recording practices under the same guidelines and consents.

InStore.ai is committed to ensuring our partners are fully compliant with applicable laws. We offer support in:

Though our technology is innovative, the principles of consent and notice apply as they have in analogous situations upheld by courts. By continuing with a transaction after receiving clear notice, customers implicitly consent to the recording, aligning with legal requirements.

At InStore.ai, we take our compliance obligations seriously and are here to help you navigate the complexities of recording laws to ensure you can use our products confidently and legally. If you have further questions or need assistance with setting up appropriate consent protocols, please reach out to our support team. We're here to ensure your experience with InStore.ai is seamless and compliant.