Legally Recording Phone Calls

Modified on Thu, 2 Jan, 2025 at 12:52 PM

People and businesses may have legitimate reasons for recording phone calls or other conversations in various circumstances. Since this activity raises privacy concerns, most states have enacted laws that describe who must consent to a recording, often called an “interception.” A majority of states require only one-party consent.

This means that a party to the conversation can record it without getting the consent of anyone else, while a non-party can record it if they get consent from just one party. In contrast, a smaller group of states requires all-party consent. This means that everyone involved in the conversation must consent to the recording.

The consent rules tend to contain some narrow exceptions. These may involve certain law enforcement activities or emergency responses, among others. Furthermore, some states require consent only in situations involving a reasonable expectation of privacy.

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