Is It Legal to Record a Phone Call?

Recording a phone call seems simple, but it sits on top of state wiretapping laws that differ in an important way — so the safe answer always starts with 'which states are involved?'

One-party vs. all-party consent

Federal law uses a one-party consent standard: if you're part of the conversation, you can generally record it. Many states follow the same approach. However, a number of states require all-party consent (sometimes called two-party consent), meaning every participant must agree to the recording.

Calls that cross state lines

When participants are in different states with different rules, it can be unclear which law governs, and courts and cautious practice often default to the strictest applicable rule. The safest approach is to assume all-party consent may be required if anyone on the call is in such a state.

Practical, lawful approaches

If you want to record, the cleanest path is simply to ask and get agreement at the start of the call — audible consent removes most ambiguity. Recording calls you aren't part of, or secretly recording where all-party consent is required, can carry serious penalties.

This is general information

Wiretapping and recording penalties can be significant and are fact-specific. For a specific situation — especially if a recording might be used in a dispute — consult a qualified attorney about the laws of the relevant states.

Frequently asked questions