Different states have different call recording regulations. Know which ones you need to follow to avoid any legal issues.
Recording calls can be an excellent way to capture customer communications for business use and training purposes. However, there are call recording regulations in place that you need to follow.
Federal call recording regulations are pretty straightforward: At least one-party on the call must consent to the call being recorded.
To dig deeper, here’s a state-by-state guide you can use to ensure you’re not stepping outside the law when recording your phone calls for business purposes.
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Call recording regulations: One-party consent states
One-party consent generally means that at least one party of the phone conversation must consent to the recording, even if that one party is the one doing the recording.
At least one party must consent to record a phone conversation; otherwise, recording is considered a misdemeanor.
It is also a misdemeanor in Alaska to record a phone call without at least one party’s consent.
Recording phone conversations without at least one party’s consent is considered a felony, and there may be civil liability as well.
Here recording a call to which you are not a party is considered a misdemeanor, but there are no other call recording regulations beyond the federal law.
Recording a call without one-party consent is a felony in Colorado.
District of Columbia
It is illegal to record phone conversations in D.C. without the consent of at least one party under penalty of fine or imprisonment, or both. Civil liabilities may also apply.
Fines or imprisonment may occur if recording calls without at least one party’s consent. The violation is considered a felony under Georgia law.
One-party consent is required to record phone conversations in Hawaii. Failure to obtain one-party consent is a felony.
Fines, imprisonment, and possibly civil liability are the potential punishments for recording a phone call in Idaho without one-party consent.
One-party consent is required in Indiana. Violators may be subject to fines, imprisonment, and/or civil liability as this is considered a felony offense.
It may be a misdemeanor or a felony to record phone calls without one-party consent, depending on which law is applied.
Kansas call recording regulations require one-party consent, with violations considered a misdemeanor and potentially subject to civil liability.
Recording a phone call here is a felony without consent from at least one party.
At least one party must consent to recording a phone call under penalty of fines, imprisonment, and/or civil damages.
Call recording regulations in Maine require one-party consent, or violators may face fines, imprisonment, and/or civil liability.
One-party consent is enough in Minnesota as long as there is no criminal intent when making the phone recording.
Same as Minnesota.
Also the same as Minnesota and considered a felony in Missouri.
Another just like Minnesota, except that a first offense may be considered a misdemeanor in some circumstances.
One-party consent is passable for recording phone calls without criminal intent. Illegal recording is considered a crime in the third degree and may also result in civil liability.
Call recording regulations require one-party consent. Violations are misdemeanors and may result in civil liability as well.
Failure to obtain one-party consent makes recording phone calls a felony in New York.
Same as New York, except that civil liability may also apply to violators.
One-party consent is enough here unless there is criminal intent when recording the conversation.
Same as North Dakota, except that civil liabilities may apply.
Same as North Dakota.
One-party consent is enough for telephone conversations, but in-person conversations require all-party consent.
One-party consent is enough in Rhode Island to record a phone conversation as long as there is no criminal intent.
Failure to obtain one-party consent here results in a felony punishable by imprisonment and/or civil liability.
Phone recordings here are illegal without the consent of at least one party.
One-party consent is enough in Tennessee as long as there is no criminal intent. Violations may result in civil damages, an injunction, and/or a restraining order.
One party must consent to recording a phone call, and there can be no criminal intent in recording.
Same as Texas.
Same as Texas.
Same as Texas.
Same as Texas.
Same as Texas with varying penalties.
Call recording regulations: All-party consent states
All-party consent means that everyone on the call must consent to being recorded. These are the states that require all-party consent.
California call recording regulations include all-party consent where there is a reasonable expectation of privacy or notification of the recording to all parties by way of an audible beep at specific intervals.
While one-party consent satisfies criminal law in CT, civil law requires all-party consent either in writing or orally at the start of the call.
There is conflicting guidance in Delaware, so the safest thing to do is to stick with all-party consent.
All-party consent is required. Violations are a misdemeanor or third-degree felony and may result in civil liability.
All-party consent is required wherever there is a reasonable expectation of privacy.
All-party consent is required wherever there is a reasonable expectation of privacy, but recording with criminal intent under any circumstances is illegal in all cases.
All-party consent is required. Violations are felonies.
Though all-party consent is required by law, one court interpreted the law as only requiring one-party consent. To be safe, all-party is the best way to go.
All-party consent is required except in special circumstances involving public officials or entities or if a warning is given about the recording.
The statute here only requires one-party consent. However, the Nevada Supreme Court ruled that all parties must consent, so all-party is the way to go here.
All-party consent is required. However, consent is implied if all parties are notified of the recording, and they participate anyway.
All-party consent is required under penalty of civil liability.
Vermont doesn’t have call recording regulations, so the safest thing to do is get all-party consent even though federal law only requires one party.
Recording calls requires all-party consent in Washington; however, consent is implied if a reasonably clear announcement about the recording is made at the start of the call and all parties still participate.
It’s worth pointing out that some regulations, such as the TCPA and the Telemarketing Sales Act require you to follow the laws in the state to which you are calling. There is some ambiguity as to whether that applies to recording calls. For instance, if you’re calling from a one-party consent state such as New York to someone in a two-party consent state like California, the law is not clear on which state regulations you need to follow. It’s always better to go with caution, however. Given that it’s a felony in some states to record calls without proper consent, we’d suggest all-party consent is the only way to go.
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