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Eleven states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.
In general, states use two main approaches to determine when recording a conversation is illegal: “one-party consent” and “all-party consent.” Let’s explore each of them in detail. In “one-party consent states,” only one participant in a conversation must provide consent for legal recording.
Most states permit recording phone calls or conversations with the consent of one party, but some laws require the consent of all parties to recording.
Who must give permission to record a telephone or in-person conversation? Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511 (2) (d). This is called a “one-party consent” law.
By understanding the laws that govern call recording, especially state-specific and international regulations, you can avoid costly mistakes and protect yourself.
The Reporter’s Recording Guide provides a summary of each state’s laws governing the recording of phone calls and in-person conversations and how those laws affect newsgathering.
Eleven (11) states require the consent of everybody involved in a conversation or phone call before the conversation can be recorded. Those states are: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
The FCC has no rules regarding recording of telephone conversations by individuals, but some state laws prohibit this practice. Recording intrastate (within the same state) wireline telephone conversations may violate state laws.
Federal law dictates one-party consent, meaning recording phone calls or conversations is allowed, but only if you are actively participating in the conversation. If you are not part of the conversation but you are recording it, then you are engaging in illegal eavesdropping or wiretapping.
Understanding call recording laws by state can be daunting. It’s essential to know when and where it is legal to record conversations, calls, or audio recordings both in business contexts and one-to-one encounters. We’ll be taking a deep dive into all 50 states’ to ensure that you stay informed.