 While we are not legal experts
by any means, there are laws we all need to be aware
of when it comes to call recording. We have compiled
information about call recording law as it applies to
each individual state and have presented the information
below.
There are important questions of law that must be addressed
when it comes to call recording. Both federal and state
statutes govern the use of electronic recording equipment.
The unlawful use of such equipment can give rise not
only to a civil suit by the "injured" party,
but also criminal prosecution.
General Call Recording Legal Information
 Federal law allows recording of phone calls and other
electronic communications with the consent of at least
one party to the call. A majority of the states and
territories have adopted wiretapping statutes based
on the federal law, although most also have extended
the law to cover in-person conversations. Thirty-eight
states and the District of Columbia permit individuals
to record conversations to which they are a party without
informing the other parties that they are doing so.
These laws are referred to as "one-party consent"
statutes, and as long as you are a party to the conversation,
it is legal for you to record it. (Nevada also has a
one-party consent statute, but the state Supreme Court
has interpreted it as an all-party rule.)
Twelve states generally have laws that require the
consent of all parties to a conversation. Those states
are California, Connecticut, Florida, Illinois, Maryland,
Massachusetts, Michigan, Montana, Nevada, New Hampshire,
Pennsylvania and Washington. Be aware that you will
sometimes hear these referred to inaccurately as "two-party
consent" laws. If there are more than two people
involved in the conversation, all must consent to the
taping.
Important Notice
It is always best to talk with an attorney if you have
questions about the legal implications of recording
calls in your state. We hope this information will serve
as a general guide, and is not intended to substitute
for expert legal counsel.
More Information
As always, if you have any call recording questions, Contact Us for a no-obligation consultation with a call recording expert.
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Call Recording Law