What are the Laws Governing Call Recordings?

After years of making outbound calls and working in customer service, I’ve learned one thing: recording phone calls can be super helpful — for training, checking quality, and keeping records. But you’ve got to follow the phone call recording laws in your area. In the U.S., these rules differ from state to state. Some states only need one-party consent, while others need two-party consent. This guide shows you the call recording laws by state, answers the most common questions (like which two-party consent states you need to watch out for), and gives tips on staying compliant. (I’m not a lawyer. This info is just for general understanding—always double-check with your legal team.)

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One-Party vs Two-Party Consent: Understanding the Difference

Under U.S. federal law (the Electronic Communications Privacy Act), if you’re on the call, you can usually record it just by giving your own one-party consent. Many states follow this federal rule. So, for example, if you’re on a sales call with a prospect, you can record it as long as you agree to it — no need to tell them in states that only require one-party consent. But in two-party consent (or all-party consent) states, everyone on the call has to know and agree. If you don’t let the other person know, it’s illegal. And if you have multiple people on the line, it means all of them have to say “yes.”

Quick Summary: • One-party consent means only one person on the call (usually you) needs to agree. • Two-party (all-party) consent means everyone must be aware and agree to be recorded.

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Two-Party Consent States in 2025 (All-Party Consent)

As of 2024, 11 states use all-party consent for phone calls. These two-party consent states are California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. That means you can’t record unless everyone on the call has been told and agrees. For example, California (Cal. Penal Code §632) makes it illegal to record a “confidential” conversation if all participants haven’t agreed. Florida law has similar rules, and breaking them can be a felony. Maryland and Massachusetts punish illegal recordings with up to 5 years in prison. Bottom line: if you do business in these states, be extra careful. Some states have quirks:

• Connecticut: Criminal law is technically one-party consent, but civil law allows lawsuits if not all participants agree. Treat it like an all-party consent state to be safe.
• Nevada: For phone calls, it requires all-party consent. For in-person conversations, only one-party is needed. Once you pick up the phone, though, you need everyone’s agreement.
• Montana: All parties must know they’re being recorded. You don’t need a clear “yes” if you can show everyone was clearly informed and had no objections.
• Illinois: Applies to private conversations, and phone calls are considered private. So assume you need all parties’ okay.
• Pennsylvania: Strictly all-party for any oral or electronic communication.
• Washington: Also requires everyone’s consent for private calls. Most phone calls are considered private, so always disclose and ask.

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One-Party Consent States

The majority of states — 37 plus Washington, D.C. — are one-party consent states. That means you can record a phone call if you agree to do so. You don’t need to tell anyone else. For example, if you’re in New York, you can record a sales call or customer service call on your own. The same goes for places like Texas, Ohio, or Virginia. Still, watch out for details, such as:

• States like Colorado and Alabama only allow recording if you’re actually part of the conversation. You can’t plant a device to record other people’s calls.
• Hawaii is mostly one-party consent, but has separate rules for truly private settings (e.g., hidden mics in private rooms).
• Vermont has no specific law. So federal (one-party) rules apply, but Vermont courts can be strict on privacy in certain situations. Best to be transparent.
• Michigan, Oregon, Connecticut, Nevada each have special points. For example, Oregon is one-party for phone calls but all-party for in-person. Michigan looks all-party on paper, but courts say participants can record without telling others.

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State-by-State Call Recording Laws

Here’s a quick snapshot of each state’s requirement for telephone calls:

State	Consent Requirement
Alabama	One-Party Consent
Alaska	One-Party Consent
Arizona	One-Party Consent
Arkansas	One-Party Consent
California	All-Party Consent
Colorado	One-Party Consent
Connecticut	All-Party Consent (see note)
Delaware	All-Party Consent
Florida	All-Party Consent
Georgia	One-Party Consent
Hawaii	One-Party Consent
Idaho	One-Party Consent
Illinois	All-Party Consent
Indiana	One-Party Consent
Iowa	One-Party Consent
Kansas	One-Party Consent
Kentucky	One-Party Consent
Louisiana	One-Party Consent
Maine	One-Party Consent
Maryland	All-Party Consent
Massachusetts	All-Party Consent
Michigan	One-Party Consent
Minnesota	One-Party Consent
Mississippi	One-Party Consent
Missouri	One-Party Consent
Montana	All-Party Consent
Nebraska	One-Party Consent
Nevada	All-Party Consent
New Hampshire	All-Party Consent
New Jersey	One-Party Consent
New Mexico	One-Party Consent
New York	One-Party Consent
North Carolina	One-Party Consent
North Dakota	One-Party Consent
Ohio	One-Party Consent
Oklahoma	One-Party Consent
Oregon	One-Party Consent
Pennsylvania	All-Party Consent
Rhode Island	One-Party Consent
South Carolina	One-Party Consent
South Dakota	One-Party Consent
Tennessee	One-Party Consent
Texas	One-Party Consent
Utah	One-Party Consent
Vermont	One-Party Consent
Virginia	One-Party Consent
Washington	All-Party Consent
Washington, D.C.	One-Party Consent (similar to federal law)
West Virginia	One-Party Consent
Wisconsin	One-Party Consent
Wyoming	One-Party Consent

Notes:

• Connecticut – Criminal law is one-party, but civil cases can arise if not all parties consent. So, treat it like an all-party state.
• Hawaii – Generally one-party for calls, but you can’t secretly record in a private place. Basic phone calls are usually fine under one-party rules.
• Maine – Mostly one-party for calls, but no sneaky “mics outside a private room” without consent.
• Michigan – The law looks all-party, but courts say if you’re on the call, you can record. (Still, be cautious; laws can change.)
• Montana – All parties must know you’re recording (all-party notification).
• Nevada – Requires all-party consent for phone calls. One-party for in-person, but not for calls.
• Oregon – One-party for phone calls, all-party for face-to-face conversations.
• Vermont – No specific law, so federal one-party rules apply. Still, best to be transparent.

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Breaking these laws can lead to criminal or civil penalties, so if you’re in doubt, check which state(s) are involved in your call. It’s not worth the risk to record without following the rules.

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Call Recording Disclosure Requirements

Disclosure means letting the other person know you’re recording. The exact requirement depends on whether you’re in an all-party or one-party state:

• Two-Party (All-Party) States: You have to let the other person know right away (often at the start of the call). A simple line like “Hey, just letting you know I’m recording this call—okay with you?” works. Many businesses use an automated greeting like “This call may be recorded for quality assurance.” If the caller keeps talking, that usually counts as consent.
• One-Party States: Legally, you don’t have to tell the other person. But lots of companies still do, either as a courtesy or policy. Plus, if there’s a chance the other person is in a two-party state, disclosure covers you there too.

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Call Recording Laws for Call Centers and Sales Calls

Call centers, sales teams, and customer support pros often record calls for quality control, training, or documentation. Since they handle a lot of calls, here are some tips:

• Know each state’s rules: If you’re calling across state lines, find out which ones are two-party. Always follow the strictest law.
• Use your tech tools: Many phone systems can detect area codes from two-party states and automatically play a disclosure message or disable recording altogether.
• Train your team: Make sure reps or agents know how to ask for permission if needed, and what to do if the other person says “no.”
• Inbound vs. Outbound: For inbound calls, an IVR message (“Thanks for calling—this call may be recorded”) covers you. For outbound, your reps need to say something if they’re dialing all-party states.
• Recording sales calls: Same deal—if you call someone in an all-party state, you must disclose. If they refuse, you either stop recording or end the call.
• Interstate or international calls: Laws in other countries can be stricter (like Canada or the EU). If you’re not 100% sure, act like you’re in a two-party consent scenario.

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Best Practices for Compliance and Call Recording Policies

Here’s how to stay safe while getting the benefits of recorded calls:

• Obtain consent when needed: If you know you’re in a two-party state or not sure where the other person is, always inform and ask.
• Be transparent: Even if it’s not required, honesty can build trust and avoid surprises.
• Use system reminders: Automated greetings or beeps can help you comply.
• Keep your info up to date: Laws can shift. Have a quick-reference chart for your team, and update it when things change.
• Err on the side of caution: If you’re not sure what law applies, act like you’re in a two-party consent state.
• Document consent: If possible, record or note the moment the person agreed. It can save headaches later.
• Know industry rules: Certain fields (finance, healthcare) may have extra privacy and security rules.

Following these tips lets you get the most out of call recordings—better training, proof of transactions, and more—without risking legal trouble.

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Summarizing Call Recording Laws

Phone call recording laws in the U.S. hinge on whether you need one-party consent or two-party (all-party) consent. A handful of states require that everyone on the call give the okay; most others only need one person’s permission. If you or the other caller is in a two-party state, make sure you disclose it. If you’re ever confused, the best plan is to tell them you’re recording and ask if it’s okay. Getting it wrong can lead to serious fines or even criminal charges. Always check with a lawyer about your specific situation. But if you stay transparent and keep up with each state’s rules, you’ll be in good shape to use call recordings while staying on the right side of the law.

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Quick Summary

• One-party consent states only require one person to say “yes.” Two-party (all-party) states require everyone’s agreement. • If you’re not sure, the safest move is to let all participants know you’re recording. • Businesses should keep up with different state laws, train their teams, and use the right tech. • Being transparent protects you legally and builds trust with customers.

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Sources

• https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/
• https://worldpopulationreview.com/state-rankings/two-party-consent-states
• https://www.rev.com/blog/phone-call-recording-laws-state
• https://www.rcfp.org/reporters-recording-guide/nevada/
• https://www.rcfp.org/reporters-recording-guide/hawaii/
• https://knowledge.hubspot.com/calling/what-are-the-call-recording-laws

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Always remember: When in doubt, let everyone know you’re recording and ask for their okay. It’s both the right thing to do and the best way to protect yourself and your business.