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

From the New York State Code

N.Y. Penal Law §§ 250.00, 250.05: It is a Class E felony to overhear or record a telephonic or telegraphic communication if one is not the sender or receiver, or does not have the consent of either the sender or receiver. It also is a crime for someone not present to overhear or record any conversation or discussion without the consent of at least one party to that conversation.

Cordless telephone conversations that are partially broadcast over ordinary radio waves are protected by the wiretapping and eavesdropping laws and require the same consent for recording as any other communication. New York v. Fata, 559 N.Y.S.2d 348 (N.Y. App. Div. 1990).

State courts have held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when "the newspapers knew they were dealing with recorded conversations between unconsenting parties." Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.S.2d 318 (N.Y. App. Div. 1994).

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.