Guide
Call-recording consent by state
Federal law lets a call be recorded when one person on it agrees. Some states go further and require everyone on the call to agree. The simplest way to meet the stricter rule is to tell every caller, at the start, that the call is recorded.
This is general information, not legal advice. Laws change and have exceptions. Read the current statute for your state, linked below, and talk to a lawyer before you start recording calls.
The short answer
- Federal rule: a person who is on the call, or who has consent from someone on the call, may record it, unless the recording is made to commit a crime or a tort (18 U.S.C. 2511(2)(d)) .
- Stricter states: in the list below, 7 states require consent from everyone on the call .
- Calls across state lines: when your office and the caller are in different states, more than one state's law may apply. If either state is on the stricter list, plan as if everyone must agree.
What to do if you record calls
- Start every recorded call with a clear notice, such as "This call is recorded."
- Use the notice on every line that records, including after-hours lines and any software that answers for you.
- Give callers a way to continue without being recorded, or to call back on a line that doesn't record.
- Decide who can listen to recordings and how long you keep them.
- Ask any phone vendor or call-handling provider how they record, where recordings are stored and how they give notice.
States that require more than one party's consent
These states require everyone's consent for at least some recorded phone calls. Check the notes and the statute.
| State | Who must agree | Statute |
|---|---|---|
| Connecticut | Everyone on the call Covers telephone calls. | Conn. Gen. Stat. 52-570d |
| Florida | Everyone on the call | Fla. Stat. 934.03 |
| Illinois | Everyone on the call | 720 ILCS 5/14-2 |
| Maryland | Everyone on the call | Md. Code, Cts. & Jud. Proc. 10-402 |
| Massachusetts | Everyone on the call | Mass. Gen. Laws ch. 272, s. 99 |
| Montana | Everyone on the call | Mont. Code 45-8-213 |
| Pennsylvania | Everyone on the call | 18 Pa.C.S. 5703 |
States we could confirm from the statute
| State | Who must agree | Statute |
|---|---|---|
| Connecticut | Everyone on the call Covers telephone calls. | Conn. Gen. Stat. 52-570d |
| Florida | Everyone on the call | Fla. Stat. 934.03 |
| Illinois | Everyone on the call | 720 ILCS 5/14-2 |
| Maryland | Everyone on the call | Md. Code, Cts. & Jud. Proc. 10-402 |
| Massachusetts | Everyone on the call | Mass. Gen. Laws ch. 272, s. 99 |
| Montana | Everyone on the call | Mont. Code 45-8-213 |
| Pennsylvania | Everyone on the call | 18 Pa.C.S. 5703 |
Not confirmed from an official source: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. We could not read the current text for these states from an official source, so check the state's legislature website directly.
About these sources
Each statute link goes to an official legislature, state government or federal source. "One party" means the statute allows recording when one person on the call agrees; it does not mean every recording is legal. Statutes have exceptions, and courts interpret them. Read the full text and get advice for your situation.