Can I just tell them I'm recording or do I have to ask their permission to record? In other words is this a 2-way street for implicit consent? They can hang up too.
What happens if, during the call, I say I don't consent to be recorded but don't hang up. Is my talking beyond that point permissible to record?
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I have some follow-up questions. Consider this hypothetical: I install an automated answering and transfer system for my phone. Every call to my home from a number not set to be bypassed (like my mother or friends) gets the following message:
"Please hold while I connect you to Ed Tarboosh. Your call will be recorded"
I assume, given the answers above, that is sufficient notice such that any party that stays on the line to talk gives consent - correct?
What if the party that is calling begins their call with a similar automated message to the effect the call is being recorded BUT I might not hear that message because it might overlap with my automated message before the call is transferred to me? - (my system does not begin to record until AFTER it gives the recording notification) Have I been given proper notice then?
Likewise, what if I don't know if a human on the other end actually heard my recorded message because they might not have come on the phone until after their pre-recorded message was played on their auto-transfer system?

