New Hampshire Call Recording Law

Below is a section of the New Hampshire State Statutes that we believe apply to recording phone conversations. This information is not intended as a substitute for legal counsel.

From the New Hampshire State Code

N. H. Rev. Stat. Ann. § 570-A:2: It is a felony to intercept, or disclose the contents of, any telecommunication or oral communication without the consent of all parties. However, it is a misdemeanor for a party to a communication, or anyone who has the consent of only one of the parties, to intercept a telecommunication or oral communication.

Civil damages are expressly authorized for unlawful interceptions for the greater of actual damages, $100 a day for each day of violation, or $1,000 in addition to punitive damages, attorney fees and litigation costs. N.H. Rev. Stat. Ann. § 570-A:11.

Use of a hidden camera in a private place without the consent "of the persons entitled to privacy therein" is a misdemeanor. N.H. Rev. Stat. Ann. § 644:9. A classroom was not a private place where a school custodian could reasonably expect to be safe from video surveillance. State v. McLellan, 744 A.2d 611 (N.H. 1999).

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.

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