Is it legal to record a phone call? Select both locations to check one-party vs two-party consent requirements for all 50 US states and 40+ countries.
Disclaimer: This tool is for informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified attorney for specific legal guidance.
Select both locations above to check call recording laws.
Choose your location and the other party's location from 50 US states + 40+ countries.
Instantly see whether one-party or all-party consent is required, with cross-jurisdiction analysis.
Follow the guidance to record your calls legally, with full details on statutes and penalties.
Only one person on the call needs to know about the recording — and that person can be you. As a participant, you can record without informing anyone else. This is the federal standard under the ECPA.
Every person on the call must be informed and consent to being recorded. Recording without consent can be a felony in some states, with penalties including imprisonment and significant fines. States: CA, CT, DE, FL, IL, MD, MA, MI, MT, NV, NH, PA, WA.
When a call crosses state or international borders, the generally accepted rule is to follow the stricter consent requirement. If either party is in an all-party consent jurisdiction, treat the entire call as requiring all-party consent.
In one-party consent jurisdictions, only one person on the call needs to know about the recording — and that person can be you. If you're a participant in the conversation, you can record it without telling anyone else. In two-party (all-party) consent jurisdictions, every person on the call must be informed and agree to the recording before it begins.
When a call crosses jurisdictions, the generally accepted legal approach is to follow the stricter law. For example, if you're in Texas (one-party) calling someone in California (all-party), you should follow California's all-party consent requirement. The landmark case Kearney v. Salomon Smith Barney (2006) established this principle in the US.
Yes, in most cases. Even in one-party consent states, businesses commonly announce recording at the start of calls as a best practice and to comply with industry regulations. In the EU, GDPR requires businesses to have a lawful basis for recording, notify callers, and explain how recordings will be used. Financial services and healthcare have additional specific rules.
It depends on whether the recording was made legally. In one-party consent jurisdictions, legally obtained recordings are generally admissible. However, illegally obtained recordings may be inadmissible — and in some jurisdictions like the Philippines, the Anti-Wiretapping Law explicitly states unauthorized recordings cannot be used as evidence.
Penalties vary dramatically. In some US states like New Hampshire, illegal recording is a Class B felony with up to 7 years imprisonment. In Florida, it's a third-degree felony with up to 5 years. In the EU, GDPR violations can result in fines up to 4% of global turnover. Some jurisdictions also allow civil lawsuits with damages of $100/day or more per violation.