Recording laws
Know before you record.
Recording a phone call is legal in most situations — but the rules depend on where you and the other person are. This is a plain-language overview to help you record responsibly.
One-party vs. all-party consent
U.S. recording laws come in two broad flavors, and the difference is simply how many people have to agree to the recording:
- One-party consent — only one person on the call needs to consent. Since you’re on the call and you chose to record it, that person can be you. Federal law and most U.S. states work this way.
- All-party consent (sometimes called “two-party consent”) — everyone on the call must be told about the recording and agree to it before it begins.
Federal law sets a one-party-consent floor, but each state can require more. When the people on a call are in different states, the stricter state’s rule can apply — so a mix of locations usually means you should follow all-party rules to be safe.
States that commonly require all-party consent
These states are generally treated as requiring every party to consent. Treat this as a starting point, not the final word — the details and exceptions differ from state to state:
- CA California
- CT Connecticut
- DE Delaware
- FL Florida
- IL Illinois
- MD Maryland
- MA Massachusetts
- MI Michigan
- MT Montana
- NV Nevada
- NH New Hampshire
- PA Pennsylvania
- WA Washington
When in doubt, make the recording known
The simplest way to stay on the right side of an all-party rule is to make sure everyone knows the call is being recorded. You have two easy options:
- Turn on CallCapture’s announce-recording setting, which plays a spoken notice to everyone on the call that it’s being recorded — recommended wherever all-party consent applies.
- Or simply tell the other party you’re recording, and let them agree, before you start.
Announcing the recording is a good habit even where the law doesn’t strictly require it.
Where to check the current rules
For a state-by-state breakdown kept up to date by legal professionals, see Justia’s 50-state survey on recording phone calls and conversations:
Justia — Recording Phone Calls and Conversations: 50-State Survey →
You are responsible for complying with the recording laws that apply to you. CallCapture gives you tools to record responsibly, but the decision to record — and doing it lawfully — is yours.