but if they say this call may be recorded aren't you consenting by continuing the call?

When I called the electric company yesterday the first thing that was stated on the IVR was, "If you don't want this call recorded, please let the representative know."

I thought that was nice. New to me.

I'm wary of the fact that it didn't actually say your phone call wouldn't be recorded.

Now, that raises an interesting question I hadn't considered before. If you call a service that has an automated call recording consent message does that consent message imply that you are also allowed to record the call with no further notice, if you so choose? Both sides know that at least one recording is being produced by continuing the call; do additional recordings require additional consent? Has this ever actually been tested in court?

I believe so. But one can use "By continuing this call, you consent that it may be recorded" just in case.