State | Call Recordings Law↓ | Additional Single-Party Consent Details | |
---|---|---|---|
![]() | California | Two-Party Consent | |
![]() | Delaware | Two-Party Consent | |
![]() | Florida | Two-Party Consent | |
![]() | Illinois | Two-Party Consent | |
![]() | Maryland | Two-Party Consent | |
![]() | Massachusetts | Two-Party Consent | Only "secret" recordings are banned, but is the only state without a "public location" exception. Despite having a 1968 law imposing general bans on taping wire and oral communications, it was later ruled to violate the First Amendment in the conditions espoused in a case filed by Project Veritas in 2018. |
![]() | Michigan | Two-Party Consent | |
![]() | Montana | Two-Party Consent | Requires notification only. |
![]() | New Hampshire | Two-Party Consent | |
![]() | Pennsylvania | Two-Party Consent | |
![]() | Washington | Two-Party Consent | Section three of the Washington law states that permission is given if any of the parties announces that they will be recording the call in a reasonable manner if the recording contains that announcement. |
![]() | Alabama | Single-Party Consent | |
![]() | Alaska | Single-Party Consent | |
![]() | Arizona | Single-Party Consent | |
![]() | Arkansas | Single-Party Consent | |
![]() | Colorado | Single-Party Consent | |
![]() | District of Columbia | Single-Party Consent | |
![]() | Georgia | Single-Party Consent | |
![]() | Idaho | Single-Party Consent | |
![]() | Indiana | Single-Party Consent | |
![]() | Iowa | Single-Party Consent | |
![]() | Kansas | Single-Party Consent | |
![]() | Kentucky | Single-Party Consent | |
![]() | Louisiana | Single-Party Consent | |
![]() | Maine | Single-Party Consent | |
![]() | Minnesota | Single-Party Consent | |
![]() | Mississippi | Single-Party Consent | |
![]() | Missouri | Single-Party Consent | |
![]() | Nebraska | Single-Party Consent | |
![]() | Nevada | Single-Party Consent | |
![]() | New Jersey | Single-Party Consent | |
![]() | New Mexico | Single-Party Consent | |
![]() | New York | Single-Party Consent | |
![]() | North Carolina | Single-Party Consent | |
![]() | North Dakota | Single-Party Consent | |
![]() | Ohio | Single-Party Consent | |
![]() | Oklahoma | Single-Party Consent | |
![]() | Rhode Island | Single-Party Consent | Consent is not required when the recorded party does not have a reason to expect privacy. |
![]() | South Carolina | Single-Party Consent | |
![]() | South Dakota | Single-Party Consent | |
![]() | Tennessee | Single-Party Consent | |
![]() | Texas | Single-Party Consent | |
![]() | Utah | Single-Party Consent | |
![]() | Vermont | Single-Party Consent | Vermont lacks an official law related to call recording, so Federal Law applies. This makes Vermont a single-party consent state. |
![]() | Virginia | Single-Party Consent | Two-party consent required to be used in court for civil proceedings, but not criminal cases. |
![]() | West Virginia | Single-Party Consent | |
![]() | Wisconsin | Single-Party Consent | Two-party consent required to be used in court. |
![]() | Wyoming | Single-Party Consent | |
![]() | Connecticut | Mixed Consent | For electronic recordings only, all parties must be made aware of recordings, with few exceptions. For in-person recordings, the rule is always one party consent. |
![]() | Hawaii | Mixed Consent | In general a one-party state, but requires two-party consent if the recording device is installed in a private place. |
![]() | Oregon | Mixed Consent | One party for electronic communications, two party for in-person conversations. Law has been ruled in 2023 to violate the First Amendment in a case filed by Project Veritas. |
Most of us have conversations in person and on the phone without having to record them. However, there are other situations where you may consider or possibly move forward with recording the conversation. Maybe you’re trying to gather evidence against someone that has done you wrong. Alternatively, perhaps you have a more innocent excuse – you’re talking with a bill collector, and you want to make sure that you keep everything documented. Apps on smartphones make recording a conversation as easy as tapping a button.
However, you should be aware that there are legal issues with recording a conversation, whether it’s in person in your home or over the phone. In some states, two-party consent is required before you hit “record.” This means that ALL parties involved in the conversation must be aware that they are being recorded. In other states, there are more relaxed laws.
Many states have single-party consent laws. This means that just one party involved in the conversation needs to be aware that it is being recorded. If you’re the one recording the conversation, for example, you do not have to reveal this to the other party.
Thirty-seven states and the District of Columbia are single-party consent states. It’s important to note that some states do have exceptions to their laws. For example, in Hawaii, all parties must be notified if the recorder is located in a private area. Connecticut and Oregon have mixed laws. In Connecticut, the laws for in-person and recorded telephone conversations are different. In Oregon, in-person oral recordings require all parties to consent, but digital communications require single-party consent.