Call recording laws by state
Under federal law you may record a call if one person on it agrees, and most states follow that rule. 13 states need everyone on the call to agree: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. In practice that means telling every caller. Callers ring from any state, so the safe habit is to say the call is recorded at the very start of every call; Washington and Connecticut also want that announcement on the recording itself.
The state table was checked on 17 October 2026 against each statute or the Reporters Committee for Freedom of the Press guide. Laws change. This is general information, not legal advice.
Find your state
Each tile is one state, so small states count as much as large ones. Press one, or choose from the list, for its rule, whether an announcement counts as consent, and the statute.
Press a state on the map or choose one here to see its rule, whether an announcement counts as consent, and the statute.
The federal rule: one person's consent
18 U.S.C. § 2511(2)(d) makes it lawful for a private person to record a call they are on, or one where at least one person on it has agreed beforehand, unless it is done to commit a crime or a wrong. Federal law is the floor: a state may ask for more, and 13 do.
The 13 all-party states: does an announcement count?
The general rule (Reporters Committee, citing Alexander v. Pathfinder, 8th Cir. 1999): people warned that a call is recorded who carry on talking are presumed to agree. State by state:
California
Yes. The state supreme court: a business that tells everyone on the call at the start that it will record does not break the law (Kearney, 2006).
Connecticut
Yes, if the notice is recorded at the beginning of the call (or there is written consent, or a tone every 15 seconds).
Delaware
No source specific to the state was found; only the general rule that people warned who keep talking have consented.
Florida
Reported yes in an Attorney General opinion; not verified.
Illinois
The offense is secret recording; an announced call is not secret on the statute's words.
Maryland
No source specific to the state was found; only the general rule.
Massachusetts
Yes: only secret recording is covered, and knowing is enough.
Michigan
No source specific to the state was found; courts have let a participant record.
Montana
Yes, by statute: a warning lets either party record.
Nevada
No source specific to the state was found; only the general rule.
New Hampshire
Consent can be implied where the person knew.
Pennsylvania
Yes: consent where people knew or should have known.
Washington
Yes, by statute, and the announcement must itself be recorded.
Calls across state lines
No single federal rule says which state's law governs a call between two states, and courts disagree. California applies its own law to a call that is partly in California (Kearney, 2006). Nevada does not apply its law when the recording happens outside Nevada (Ditech v. Buckles, 2017). Florida looks at where people live or where the words were spoken.
A business in a one-party state can still be answering a Californian on a mobile phone. The general advice is to follow the strictest rule that could apply: tell every caller at the start.
When an AI answers your phone
The FCC's 2024 ruling covers calls you make, not calls you answer.
FCC 24-17 confirms that the TCPA's limits on artificial voices include AI voices, for calls a business places. Nothing in it addresses calls a business receives. If your AI calls someone back, that call needs their prior consent.
In California, the vendor can be the question.
Two federal trial courts have let privacy claims go ahead against AI call vendors themselves, asking whether the caller agreed to the vendor hearing the call (Taylor v. ConverseNow, 2025, where callers were not told). These are early rulings, not findings, and other courts have dismissed similar claims.
Clinics have more rules.
A vendor that records patient calls for a clinic fits HIPAA's definition of a business associate (45 CFR § 160.103), which ordinarily means a business associate agreement. Utah, Texas and California also have AI disclosure laws for health care; we read law firm summaries of those, not the statutes.
What Damaruka does
Damaruka's first sentence on every call is “Thanks for calling [your business]. I'm an AI assistant, and this call is recorded.” Recording starts just before that sentence, so every recording and every transcript begins with the announcement, as Washington and Connecticut ask. Press play to hear it.
Damaruka makes no HIPAA claim. More on what it records and keeps: Recording and safety.
Damaruka
Thanks for calling Brightside Family Clinic.
How every call begins
Test call, simulated caller, 1:11
Test call, simulated caller, 1:11
Every state and DC, with its statute
“One-party”: one person on the call may agree for everyone. “All-party”, often called two-party: everyone on the call must agree or, in most of those states, at least know the call is recorded. The rule shown is for phone calls.
Show all 51 with statutesHide the table
- Alabama
Phone calls: One-party
Statute: Ala. Code §§ 13A-11-30, 13A-11-31
- Alaska
Phone calls: One-party
Statute: Alaska Stat. § 42.20.310
- Arizona
Phone calls: One-party
Statute: A.R.S. §§ 13-3005, 13-3012(9)
- Arkansas
Phone calls: One-party
Statute: Ark. Code § 5-60-120
- California
Phone calls: All-party
Statute: Cal. Penal Code §§ 632, 632.7, 637.2
Worth knowing: Covers every call with a cell or cordless phone, confidential or not; private lawsuits can claim $5,000 a call. Reaches calls with Californians made from other states.
- Colorado
Phone calls: One-party
Statute: C.R.S. §§ 18-9-303, 18-9-304
- Connecticut
Phone calls: All-party (civil)
Statute: Conn. Gen. Stat. § 52-570d (civil); §§ 53a-187, 53a-189 (criminal, one-party)
Worth knowing: All-party under the civil law: the notice must be recorded at the start of the call (or written consent, or a tone every 15 seconds).
- Delaware
Phone calls: All-party (disputed)
Statute: 11 Del. C. § 2402(c)(4) (one-party); § 1335(a)(4) (all-party)
Worth knowing: Two statutes disagree, one-party and all-party; the cautious reading is all-party.
- District of Columbia
Phone calls: One-party
Statute: D.C. Code § 23-542
- Florida
Phone calls: All-party
Statute: Fla. Stat. § 934.03(2)(d)
Worth knowing: Everyone on the call must give prior consent.
- Georgia
Phone calls: One-party
Statute: O.C.G.A. §§ 16-11-62, 16-11-66(a)
- Hawaii
Phone calls: One-party
Statute: HRS §§ 803-42(b)(3)(A), 711-1111
- Idaho
Phone calls: One-party
Statute: Idaho Code § 18-6702(2)(d)
- Illinois
Phone calls: All-party
Statute: 720 ILCS 5/14-1, 5/14-2
Worth knowing: The offense is recording a private conversation in secret; an announced recording is not secret on the statute's words.
- Indiana
Phone calls: One-party
- Iowa
Phone calls: One-party
Statute: Iowa Code §§ 808B.2(2)(c), 727.8
- Kansas
Phone calls: One-party
Statute: K.S.A. § 21-6101
- Kentucky
Phone calls: One-party
Statute: KRS §§ 526.010, 526.020
- Louisiana
Phone calls: One-party
Statute: La. R.S. 15:1303(C)(4)
- Maine
Phone calls: One-party
Statute: 15 M.R.S. §§ 709, 710
- Maryland
Phone calls: All-party
- Massachusetts
Phone calls: All-party (secret recording)
Statute: M.G.L. c. 272, § 99
Worth knowing: Covers only secret recording; if everyone knows, that is enough.
- Michigan
Phone calls: All-party (disputed for participants)
Statute: MCL § 750.539c
Worth knowing: Courts have let a participant record; the state's highest court has not ruled.
- Minnesota
Phone calls: One-party
Statute: Minn. Stat. § 626A.02 subd. 2(d)
- Mississippi
Phone calls: One-party
Statute: Miss. Code § 41-29-531(e)
- Missouri
Phone calls: One-party
Statute: Mo. Rev. Stat. § 542.402.2(3)
- Montana
Phone calls: All-party (a warning satisfies it)
Statute: Mont. Code § 45-8-213
Worth knowing: A warning that the call is recorded satisfies it.
- Nebraska
Phone calls: One-party
Statute: Neb. Rev. Stat. § 86-290(2)(c)
- Nevada
Phone calls: All-party (phone, by court ruling)
Statute: NRS 200.620 (phone); NRS 200.650 (in person, one-party)
Worth knowing: All-party for phone calls by a court ruling, not the statute's plain words; one-party in person.
- New Hampshire
Phone calls: All-party
Statute: RSA 570-A:2
Worth knowing: Consent can be implied where the person knew the call was recorded.
- New Jersey
Phone calls: One-party
Statute: N.J.S.A. 2A:156A-4(d)
Worth knowing: Bills to make New Jersey all-party were reported in 2026; not verified.
- New Mexico
Phone calls: One-party
Statute: N.M. Stat. § 30-12-1
- New York
Phone calls: One-party
Statute: N.Y. Penal Law §§ 250.00, 250.05
- North Carolina
Phone calls: One-party
Statute: N.C.G.S. § 15A-287(a)
- North Dakota
Phone calls: One-party
Statute: N.D. Cent. Code § 12.1-15-02
- Ohio
Phone calls: One-party
Statute: Ohio Rev. Code § 2933.52(B)(4)
- Oklahoma
Phone calls: One-party
Statute: 13 O.S. § 176.4
- Oregon
Phone calls: One-party (phone); all-party in person
Statute: ORS 165.540(1)(a), (1)(c)
Worth knowing: One-party for phone calls; everyone must be told for conversations in person.
- Pennsylvania
Phone calls: All-party
Statute: 18 Pa.C.S. §§ 5703, 5704(4)
Worth knowing: Consent is found where people knew or should have known the call was recorded.
- Rhode Island
Phone calls: One-party
Statute: R.I. Gen. Laws § 11-35-21(c)(3)
- South Carolina
Phone calls: One-party
Statute: S.C. Code § 17-30-30(C)
- South Dakota
Phone calls: One-party
Statute: SDCL § 23A-35A-20
- Tennessee
Phone calls: One-party
Statute: Tenn. Code § 39-13-601(b)(5)
- Texas
Phone calls: One-party
Statute: Tex. Penal Code § 16.02(c)(4)
- Utah
Phone calls: One-party
Statute: Utah Code § 77-23a-4(7)(b)
- Vermont
Phone calls: One-party (federal rule; no state statute)
Statute: None; 18 U.S.C. § 2511(2)(d) applies
Worth knowing: No state statute; the federal one-party rule applies.
- Virginia
Phone calls: One-party
Statute: Va. Code § 19.2-62(B)(2)
- Washington
Phone calls: All-party (a recorded announcement counts)
Statute: RCW 9.73.030
Worth knowing: An announcement counts as consent, and the announcement must itself be recorded.
- West Virginia
Phone calls: One-party
Statute: W. Va. Code § 62-1D-3(e)
- Wisconsin
Phone calls: One-party
Statute: Wis. Stat. § 968.31(2)(c)
- Wyoming
Phone calls: One-party
Statute: Wyo. Stat. § 7-3-702(b)(iv)
| Detail | Phone calls | Statute | Worth knowing |
|---|---|---|---|
| Alabama | One-party | Ala. Code §§ 13A-11-30, 13A-11-31 | |
| Alaska | One-party | Alaska Stat. § 42.20.310 | |
| Arizona | One-party | A.R.S. §§ 13-3005, 13-3012(9) | |
| Arkansas | One-party | Ark. Code § 5-60-120 | |
| California | All-party | Cal. Penal Code §§ 632, 632.7, 637.2 | Covers every call with a cell or cordless phone, confidential or not; private lawsuits can claim $5,000 a call. Reaches calls with Californians made from other states. |
| Colorado | One-party | C.R.S. §§ 18-9-303, 18-9-304 | |
| Connecticut | All-party (civil) | Conn. Gen. Stat. § 52-570d (civil); §§ 53a-187, 53a-189 (criminal, one-party) | All-party under the civil law: the notice must be recorded at the start of the call (or written consent, or a tone every 15 seconds). |
| Delaware | All-party (disputed) | 11 Del. C. § 2402(c)(4) (one-party); § 1335(a)(4) (all-party) | Two statutes disagree, one-party and all-party; the cautious reading is all-party. |
| District of Columbia | One-party | D.C. Code § 23-542 | |
| Florida | All-party | Fla. Stat. § 934.03(2)(d) | Everyone on the call must give prior consent. |
| Georgia | One-party | O.C.G.A. §§ 16-11-62, 16-11-66(a) | |
| Hawaii | One-party | HRS §§ 803-42(b)(3)(A), 711-1111 | |
| Idaho | One-party | Idaho Code § 18-6702(2)(d) | |
| Illinois | All-party | 720 ILCS 5/14-1, 5/14-2 | The offense is recording a private conversation in secret; an announced recording is not secret on the statute's words. |
| Indiana | One-party | Ind. Code §§ 35-31.5-2-176, 35-33.5-5-5 | |
| Iowa | One-party | Iowa Code §§ 808B.2(2)(c), 727.8 | |
| Kansas | One-party | K.S.A. § 21-6101 | |
| Kentucky | One-party | KRS §§ 526.010, 526.020 | |
| Louisiana | One-party | La. R.S. 15:1303(C)(4) | |
| Maine | One-party | 15 M.R.S. §§ 709, 710 | |
| Maryland | All-party | Md. Code, Cts. & Jud. Proc. § 10-402(c)(3) | |
| Massachusetts | All-party (secret recording) | M.G.L. c. 272, § 99 | Covers only secret recording; if everyone knows, that is enough. |
| Michigan | All-party (disputed for participants) | MCL § 750.539c | Courts have let a participant record; the state's highest court has not ruled. |
| Minnesota | One-party | Minn. Stat. § 626A.02 subd. 2(d) | |
| Mississippi | One-party | Miss. Code § 41-29-531(e) | |
| Missouri | One-party | Mo. Rev. Stat. § 542.402.2(3) | |
| Montana | All-party (a warning satisfies it) | Mont. Code § 45-8-213 | A warning that the call is recorded satisfies it. |
| Nebraska | One-party | Neb. Rev. Stat. § 86-290(2)(c) | |
| Nevada | All-party (phone, by court ruling) | NRS 200.620 (phone); NRS 200.650 (in person, one-party) | All-party for phone calls by a court ruling, not the statute's plain words; one-party in person. |
| New Hampshire | All-party | RSA 570-A:2 | Consent can be implied where the person knew the call was recorded. |
| New Jersey | One-party | N.J.S.A. 2A:156A-4(d) | Bills to make New Jersey all-party were reported in 2026; not verified. |
| New Mexico | One-party | N.M. Stat. § 30-12-1 | |
| New York | One-party | N.Y. Penal Law §§ 250.00, 250.05 | |
| North Carolina | One-party | N.C.G.S. § 15A-287(a) | |
| North Dakota | One-party | N.D. Cent. Code § 12.1-15-02 | |
| Ohio | One-party | Ohio Rev. Code § 2933.52(B)(4) | |
| Oklahoma | One-party | 13 O.S. § 176.4 | |
| Oregon | One-party (phone); all-party in person | ORS 165.540(1)(a), (1)(c) | One-party for phone calls; everyone must be told for conversations in person. |
| Pennsylvania | All-party | 18 Pa.C.S. §§ 5703, 5704(4) | Consent is found where people knew or should have known the call was recorded. |
| Rhode Island | One-party | R.I. Gen. Laws § 11-35-21(c)(3) | |
| South Carolina | One-party | S.C. Code § 17-30-30(C) | |
| South Dakota | One-party | SDCL § 23A-35A-20 | |
| Tennessee | One-party | Tenn. Code § 39-13-601(b)(5) | |
| Texas | One-party | Tex. Penal Code § 16.02(c)(4) | |
| Utah | One-party | Utah Code § 77-23a-4(7)(b) | |
| Vermont | One-party (federal rule; no state statute) | None; 18 U.S.C. § 2511(2)(d) applies | No state statute; the federal one-party rule applies. |
| Virginia | One-party | Va. Code § 19.2-62(B)(2) | |
| Washington | All-party (a recorded announcement counts) | RCW 9.73.030 | An announcement counts as consent, and the announcement must itself be recorded. |
| West Virginia | One-party | W. Va. Code § 62-1D-3(e) | |
| Wisconsin | One-party | Wis. Stat. § 968.31(2)(c) | |
| Wyoming | One-party | Wyo. Stat. § 7-3-702(b)(iv) |
Not legal advice
This page is general information about US call recording laws, from statutes, court decisions and the Reporters Committee for Freedom of the Press guide. It is not legal advice and may be out of date: these laws, and the court decisions reading them, change. Rules differ by state and by the facts of each call, and some states, California most of all, allow private lawsuits with fixed damages per call. If your business records calls, especially in health care, ask a lawyer licensed in your state to review how you do it.
Sources
Each state's statute is linked in the table above.
- 118 U.S.C. § 2511 (Cornell LII), read 17 October 2026
- 2Reporters Committee for Freedom of the Press, recording guide, read 17 October 2026
- 3Kearney v. Salomon Smith Barney, 39 Cal. 4th 95 (2006), read 17 October 2026
- 4Ditech Financial v. Buckles (Nev. 2017), read 17 October 2026
- 5Washington, RCW 9.73.030, read 17 October 2026
- 6Connecticut, Gen. Stat. § 52-570d, read 17 October 2026
- 7Montana Code § 45-8-213, read 17 October 2026
- 8Project Veritas v. Schmidt, Ninth Circuit en banc (Snell & Wilmer summary), read 17 October 2026
- 9FCC 24-17, AI voices and the TCPA, read 17 October 2026
- 1047 U.S.C. § 227 (Cornell LII), read 17 October 2026
- 11Taylor v. ConverseNow, N.D. Cal. 2025 (Squire Patton Boggs summary), read 17 October 2026
- 1245 CFR § 160.103, business associate (Cornell LII), read 17 October 2026