CallataGuidesCall Recording Laws by State: One-Party vs All-Party
State-by-state table of call recording consent laws for all 50 states and DC, with statutes, the all-party states, and a policy that works in every state.
Federal law and 38 states plus DC allow a phone call to be recorded with the consent of just one party, which can be the person recording. About a dozen states require the consent, or at least the knowledge, of everyone on the call, including California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington, with Connecticut, Delaware and Michigan adding complications.
For a business recording customer calls, the safe policy is simple: tell everyone at the start of every call that it is recorded. That satisfies the one-party states and, in practice, the all-party states.
This is general information, not legal advice. Each state page linked below cites the statute.
The federal baseline
The federal Wiretap Act, 18 U.S.C. § 2511(2)(d), makes it lawful for a person to record a wire, oral or electronic communication "where such person is a party to the communication or where one of the parties to the communication has given prior consent," unless it is done for a criminal or tortious purpose. That is one-party consent. States can add stricter rules, and the stricter rule applies to calls within their reach.
One-party vs all-party, explained
| Rule | What it means for a business |
|---|---|
| One-party consent | Your employee on the call can consent; no one else must agree |
| All-party consent | Every participant must consent, usually satisfied by clear notice and continuing |
| Notice-based | The statute requires that parties know, or be warned, rather than formal consent |
| Mixed | Different rules for phone calls and in-person talks, or criminal vs civil liability |
State-by-state table
| State | Phone calls | Main statute | Guide |
|---|---|---|---|
| Alabama | One-party | Ala. Code § 13A-11-30, -31 | Alabama |
| Alaska | One-party | Alaska Stat. § 42.20.310 | Alaska |
| Arizona | One-party | A.R.S. § 13-3005, -3012 | Arizona |
| Arkansas | One-party | Ark. Code § 5-60-120 | Arkansas |
| California | All-party | Cal. Penal Code §§ 632, 632.7 | California |
| Colorado | One-party | C.R.S. §§ 18-9-303, -304 | Colorado |
| Connecticut | All-party or notice (civil); one-party (criminal) | Conn. Gen. Stat. § 52-570d; §§ 53a-187, -189 | Connecticut |
| Delaware | Conflicting; follow all-party | 11 Del. C. §§ 1335, 2402 | Delaware |
| District of Columbia | One-party | D.C. Code § 23-542 | Washington, DC |
| Florida | All-party | Fla. Stat. § 934.03 | Florida |
| Georgia | One-party | O.C.G.A. §§ 16-11-62, -66 | Georgia |
| Hawaii | One-party | Haw. Rev. Stat. § 803-42 | Hawaii |
| Idaho | One-party | Idaho Code § 18-6702 | Idaho |
| Illinois | All-party (private conversations) | 720 ILCS 5/14-2 | Illinois |
| Indiana | One-party | Ind. Code § 35-33.5-5-5 | Indiana |
| Iowa | One-party | Iowa Code §§ 808B.2, 727.8 | Iowa |
| Kansas | One-party | K.S.A. § 21-6101 | Kansas |
| Kentucky | One-party | KRS §§ 526.010, 526.020 | Kentucky |
| Louisiana | One-party | La. R.S. 15:1303 | Louisiana |
| Maine | One-party | 15 M.R.S. §§ 709, 710 | Maine |
| Maryland | All-party | Md. Cts. & Jud. Proc. § 10-402 | Maryland |
| Massachusetts | All-party (no secret recording) | M.G.L. c. 272, § 99 | Massachusetts |
| Michigan | Disputed for participants; all-party is the cautious reading | MCL § 750.539c | Michigan |
| Minnesota | One-party | Minn. Stat. § 626A.02 | Minnesota |
| Mississippi | One-party | Miss. Code § 41-29-531 | Mississippi |
| Missouri | One-party | Mo. Rev. Stat. § 542.402 | Missouri |
| Montana | All-party knowledge, with warning exception | Mont. Code § 45-8-213 | Montana |
| Nebraska | One-party | Neb. Rev. Stat. § 86-290 | Nebraska |
| Nevada | All-party for phone calls | NRS § 200.620 | Nevada |
| New Hampshire | All-party | RSA 570-A:2 | New Hampshire |
| New Jersey | One-party | N.J.S.A. 2A:156A-4 | New Jersey |
| New Mexico | One-party | N.M. Stat. § 30-12-1 | New Mexico |
| New York | One-party | N.Y. Penal Law §§ 250.00, 250.05 | New York |
| North Carolina | One-party | N.C.G.S. § 15A-287 | North Carolina |
| North Dakota | One-party | N.D.C.C. § 12.1-15-02 | North Dakota |
| Ohio | One-party | Ohio Rev. Code § 2933.52 | Ohio |
| Oklahoma | One-party | 13 Okla. Stat. § 176.4 | Oklahoma |
| Oregon | One-party (phone); all must be informed (in person) | ORS § 165.540 | Oregon |
| Pennsylvania | All-party | 18 Pa.C.S. §§ 5703, 5704 | Pennsylvania |
| Rhode Island | One-party | R.I. Gen. Laws § 11-35-21 | Rhode Island |
| South Carolina | One-party | S.C. Code § 17-30-30 | South Carolina |
| South Dakota | One-party | SDCL § 23A-35A-20 | South Dakota |
| Tennessee | One-party | Tenn. Code § 39-13-601 | Tennessee |
| Texas | One-party | Tex. Penal Code § 16.02 | Texas |
| Utah | One-party | Utah Code § 77-23a-4 | Utah |
| Vermont | No general statute; one-party in practice | Case law | Vermont |
| Virginia | One-party | Va. Code § 19.2-62 | Virginia |
| Washington | All-party (announcement counts) | RCW 9.73.030 | Washington |
| West Virginia | One-party | W. Va. Code § 62-1D-3 | West Virginia |
| Wisconsin | One-party | Wis. Stat. § 968.31 | Wisconsin |
| Wyoming | One-party | Wyo. Stat. § 7-3-702 | Wyoming |
Statute citations follow state codes and the Reporters Committee for Freedom of the Press recording guide; see each state page for details and penalties.
How to read the table
The "phone calls" column gives the rule for recording a telephone conversation, which is what matters for most businesses. Some states treat in-person conversations differently, such as Oregon and Nevada, so check the state page if you also record meetings. "One-party" means a participant may record without telling the others; "all-party" means everyone must consent, usually through notice. Where a state is marked disputed or conflicting, the cautious reading is all-party. Penalties and civil remedies vary widely and are covered on each state's page.
The states that need extra care
- California requires all-party consent for confidential communications (§ 632) and, under § 632.7, for any call involving a cellphone or cordless phone regardless of confidentiality. Civil damages are $5,000 per violation or three times actual damages.
- Connecticut criminally requires only one party, but its civil statute requires all-party consent, or a recorded warning, for phone calls.
- Delaware has a wiretap law allowing one-party consent and a privacy law requiring all parties. Follow the stricter one.
- Michigan courts disagree on whether a participant may record without others' consent.
- Oregon is one-party for phone calls, but requires all parties to be informed before recording in-person conversations. The Ninth Circuit, sitting en banc in January 2025, upheld that in-person rule.
- Nevada is one-party for in-person conversations and all-party for phone calls.
Calls across state lines
When the caller and the business are in different states, more than one law may apply, and courts have applied the stricter one. Read interstate call recording for how that works and why all-party notice is the practical default.
A policy that works everywhere
- Play a recording notice at the start of every inbound recorded call.
- Say it at the start of outbound recorded calls before the substance of the conversation.
- If a caller objects, stop recording or end the call.
- Restrict who can access recordings, and set a retention period.
- Document the policy for staff.
Wording you can use is in call recording disclosure scripts.
Recording on Callata
When you turn on call recording in Callata, callers hear "This call may be recorded." Recordings power Callata's AI call summaries: a transcript, summary, sentiment and action items saved to the contact's history. Callata's terms make clear that you remain responsible for complying with one- and two-party consent laws, so tell outbound call recipients as well. Recording and summaries are included in the $99 monthly plan, which covers five users, with each additional user at $20 a month. Get started.
Frequently asked questions
Which states require all parties to consent to recording a phone call?
California, Delaware (where the statutes conflict, so all-party is the safe reading), Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington generally require every party's consent. Connecticut requires all-party consent or notice for phone calls under its civil statute, and Michigan's rule is disputed for participants.
What does federal law say about recording calls?
Federal law, 18 U.S.C. § 2511(2)(d), allows a person to record a call they are part of, or that one party consents to, unless the recording is made for a criminal or tortious purpose. States can be stricter, and many are.
Is a 'this call may be recorded' message enough?
In most states, a clear notice at the start of the call, followed by the caller continuing, is treated as consent. Some states describe this explicitly. To be safe, play the notice before any conversation and tell outbound call recipients too.
Which law applies when the caller is in a different state?
It can be either state's, and courts have applied the stricter one. The practical answer is to follow the strictest rule that could apply, which means getting all-party consent on every recorded call.