If you’ve ever wondered “What Are Call Recording Laws in the United States?” the abbreviated answer is: It depends, depending on where you and the other party are located, how the conversation is happening (i.e., phone vs. in-person), and the reason you are recording. This guide gives you an accessible, plain English tour of one party consent states and two-party consent states, plus an easy-to-review chart you can scan before you push “record”. Along the way, you’ll learn common exceptions, pitfalls with calls spanning multiple states, and best-practices scripts you can actually use.
Call Recording Laws: Federal Baseline vs. States
At the federal level, the Wiretap Act (Title III) sets the minimum rule: you generally need the consent of at least one party (you) to record a conversation. States can be stricter—and some are—and that’s why guides like this matter, because the federal rule is a floor, not a ceiling. You should also gather information on “what states have one-party consent”.
Two terms you’ll see everywhere:
One-Party Consent (aka “Single-Party”): If you are a party to the call, your consent alone is enough; you don’t need to notify the other person unless state law or context states otherwise.
Two-Party (or All-Party) Consent: Everyone on the call has to consent (some states safely allow a recorded beep tone or pre-call notice instead of direct verbal consent). Some of the two-party consent states are California and Delaware.
Here’s a key wrinkle: whether conversations are considered “private” vs others where there is no reasonable expectation of privacy (e.g., in a loud public space) can affect the analysis. And recording a conversation with criminal or tortious intent is generally prohibited, even if one-party consent is permitted.
One Party vs. Two Party: Why Is It So Confusing
You will see different tallies found online (11, 12, sometimes 15 “two-party” states). Why all the noise?
- Mixed Rules: A few states have different rules for telephone and in-person conversations (i.e., all-party for phone but one-party for face-to-face conversations)
- Court Rulings vs. Statutes: The statute may say one thing, but the courts may interpret the edge cases differently.
- State Specific Carve-Outs: Some states allow consent based on a recorded beep tone or pre-call announcement. Others add special penalties based on types of technology (e.g., hidden cameras) or types of disclosures (e.g., to disclose an illegal audio recording).
Below is a practical, state-by-state snapshot that hopefully reflects these nuances.
One-Party Consent States (2025)
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Alabama
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Alaska
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Arizona
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Arkansas
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Colorado
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D.C. (District of Columbia)
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Georgia
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Hawaii
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Idaho
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Indiana
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Iowa
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Kansas
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Kentucky
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Louisiana
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Maine
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Minnesota
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Mississippi
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Missouri
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Nebraska
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New Jersey
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New Mexico
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New York
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North Carolina
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North Dakota
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Ohio
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Oklahoma
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Rhode Island
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South Carolina
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South Dakota
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Tennessee
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Texas
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Utah
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Virginia
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West Virginia
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Wisconsin
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Wyoming
Two-Party (All-Party) Consent States
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California
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Connecticut
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Delaware
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Florida
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Illinois
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Maryland
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Massachusetts
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Montana
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Nevada (statute says one-party, but courts treat it as all-party in practice)
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New Hampshire
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Pennsylvania
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Washington
Call Recording Laws by State (2025)
Real-Life Scenarios (So You Don’t Break Laws By Accident)
1) You are in a One-Party State; the Other Person is in an All-Party State
The law that has the least amount of restrictions is what governs the risk. If you are calling into California, Florida, Pennsylvania, Massachusetts, Washington, etc., you have to make a disclosure and ask for consent (or utilize a default beep tone if permitted). The multi-state phone calls are where most accidental violations occur.
2) You are Recording in Your Office for Training/Quality
Many companies have pre-connect announcements: “This call may be recorded for quality and training purposes.” If the other party continues on the line after the announcement (or presses 1 to consent), that notice normally satisfies all-party consent states that allow notice in lieu of verbal consent for business lines as a normal practice. As noted, record the announcement played.
3) You Want to Record an In-Person Conversation
Several mixed states treat in-person recordings differently from recording telephones. Oregon and Connecticut are the poster children here. If you are unsure, just ask out loud and make the consent part of your audio: “Before we continue, I just wanted to record so I do not miss details, is that okay?”
4) You Intend to Distribute or Publish the Recording
Even if the recording is legal, subsequent distribution may be limited (e.g., you may face separate liability for making public illegally obtained material). Additionally, remember the privacy torts (intrusion, public disclosure of private facts, appropriation) and defamation exposure.
Best-Practice Scripts You Can Use Right Now
Brief One Liner (Business)
“Hi, I’m recording this call to ensure accuracy and quality of service – may I proceed?”
Multi-Party Conference
“Quick note before we start: this is a recorded meeting for note purposes. If you do not want to be recorded, please let me know now.”
In-Person (Mixed-Rule State)
“I would like to record our conversation so I accurately capture the details. Are you comfortable with me doing that?”
Beep-Tone Option (If Legal)
Use 15-second intervals on a beep tone, and advise at the beginning of the meeting, “A tone will sound while recording is active.”
Be sure to timestamp and log the consent (or keep the consent on the recording). If you have recurring calls, consider obtaining written consent in your onboarding or service agreement and stating a reminder on the call.
Risk-Reduction Plan (Save / Pin)
Adopt the most restrictive of the applicable laws in the case of multi-state calls.
Always announce and ask for consent and maintain that consent in the recording.
Use a system-played notice (pre-connected message) and beep tone, where applicable.
- Document Everything: time, date, who consented to the recording, and your system’s audio notices log.
- Amend Your Policies: add call recording clauses to your customer, employee, and vendor agreements.
- Train Your Teams: give only the sales and support teams a one-sentence script during a recording and require them to pause if a caller objects.
- Check Sector Rules: there may be further recording, retention, or disclosure requirements specific to your sector (financial, health, education).
Managing the Legal Nuances
As previously noted, each state can be classified as either a one-party two-party consent state. However, a few states have laws that are more unique.
Oregon: While it is a one-party consent state for most conversations, Oregon’s law requires all-party consent when recording in-person conversations that occur in private residences.
Vermont: Although Vermont does not have a specific call recording law, case law has indicated that all-party consent is favored for conversations at private homes.
Nevada: Nevada is technically one-party consent, but there have been enough court rulings in specific cases that suggest that the state is effectively all-party consent for private communications.
For both businesses and individuals, the safest approach is always to live in a two-party consent state. This is especially true for companies that operate nationally. A best practice is to establish a policy of notifying and obtaining consent from all parties that the call is being recorded. For businesses, this might be easily accomplished through an automated recording that occurs at the beginning of the call. For individuals, you can simply say in an open manner, “Just so you know, I am recording this call for my records. Is that alright with you?” This is a simple way to ensure compliance.
Conclusion
In an age of professional and personal communication that blossomed through preliminary forms of format and platforms. It is essential for everyone to know the call recording laws and be able to abide by them; if not, it is solid advice to at least attempt to know and follow those rules – after all, nobody wants to deal with legal ramifications surrounding call recording and conversation recording. The most important point is this, though – while the federal law is a one-party consent law, a lot of states require all parties’ consent to the recording and the consequential evidence of the call or conversation.
All is certainly not lost – as long as every party involved consents, if they’re even required to or otherwise. The golden rule is to utilize the most restrictive laws openly, whether it be texting or calling. Now, you have covered all your bases. Problem solved. You will cover yourself legally and avoid being caught up legally. Always error towards potentially wrong and unnecessary, and to always err cautiously – if in doubt, the best course of action is to error towards erring too much.
FAQs (Frequently Asked Questions)
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What are the Call Recording Laws in the U.S.?
Ans: These laws govern the ability to legally record a phone call. These laws are different in each state and can be either a one-party consent or a two-party consent law.
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What is a One-Party Consent State?
Ans: In a one-party consent state, only one party needs to consent to the recordation of the call. This means you can record the call so long as you are an active participant.
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What is a Two-Party Consent State?
Ans: Two-party consent states require that all parties to the call must consent to the recording. If you record a two-party consent call without consent, you may face legal penalties for illegally recording the call.
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Can You Legally Record Calls for Business Purposes?
Ans: Yes, but businesses must comply with all federal and state laws. Many businesses use automatic disclaimers to inform callers that the conversation is being recorded.
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What are the Consequences of Illegally Recording a Call?
Ans: Illegally recording calls can result in fines, lawsuits, and, in some cases, criminal charges. Additionally, courts can exclude illegally recorded conversations from being used as evidence.
Summing up…
We hope this guide has given you a clear understanding of how call recording laws work across the United States. At ET Upside, we are committed to making legal compliance easier by breaking down complex rules into simple, actionable insights.
We also ensure that this post remains regularly updated as new regulations, court rulings, or state-level changes take effect—so you always have the latest, most reliable information at your fingertips.
Sources and References
https://www.law.cornell.edu/uscode/text/18/2511
https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/
