Whether you can legally record a phone call depends on consent rules. Federal law allows recording if at least one party consents, but many states require everyone's consent.
One-party consent
Under federal law and in most states, you can record a call you are part of, because you are the consenting party. You generally cannot record conversations you are not part of without the consent of at least one participant.
All-party consent states
Some states require everyone on the call to consent. States commonly listed with all-party requirements include California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington, with details and exceptions differing, and a few others in some circumstances. If you call across state lines, the safest approach is to get everyone's consent.
How to stay on the right side
- Tell the other person at the start that you are recording and get a clear yes on the recording.
- Check your state's statute before recording.
- Never record to commit a crime or harass someone.
- Keep recordings private unless you have a legal reason to share them.
Using recordings
Illegally made recordings may be inadmissible and can expose you to criminal and civil liability. Employers, call centers and other businesses often announce recording at the start of a call. See also our guide on employer monitoring.
Frequently asked questions
Can I record a conversation in person?
Rules are similar but depend on whether there is an expectation of privacy.
Can I record a voicemail?
Generally yes if you are the recipient, though local law may vary.