While we are not legal experts by any means, we believe it is important to inform our clients of laws pertaining to call recording to the best of our ability. We have compiled the following information about recording laws by state.
Federal and state statutes both 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 have laws that generally 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. You may sometimes hear these incorrectly referred to as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the recording.
Call Recording Law Guide by State
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
We strongly advise that if you are unclear about the recording laws in your state or states that you may be calling and recording, you should speak with an attorney before beginning to record at your business. Be aware that the collection of information found here is not a substitute for expert legal counsel.
If you have questions about our call recording services or how we can help improve your business, contact us for a no-obligation consultation with a call recording expert.