Maine Call Recording Laws: One-Party Consent

Maine is a one-party consent state: the sender or receiver of a phone call may record it, and so may someone they authorize in advance. Intercepting a call without either participant's authority is a Class C crime, and each party to the call can sue.

For Maine businesses, recording your own calls is lawful. The neighboring state of New Hampshire, which requires all-party consent, is the main reason to announce recordings.

This is general information, not legal advice.

Maine recording law at a glance

Question	Answer in Maine
Consent rule for phone calls	One party (sender or receiver)
Definitions	15 M.R.S. § 709
Offense	15 M.R.S. § 710
Can a participant record without telling others?	Yes
Criminal penalty	Class C crime
Civil remedy	15 M.R.S. § 711: at least $100/day, plus attorney's fees
Private places such as bathrooms	All persons entitled to privacy must consent (17-A M.R.S. § 511)

How Maine defines interception

Maine builds the consent rule into its definition. Under 15 M.R.S. § 709(4), "intercept" means to hear, record or aid another to hear or record the contents of any wire or oral communication through an intercepting device by any person other than:

• A. the sender or receiver of that communication;
• B. a person within the range of normal unaided hearing; or
• C. a person given prior authority by the sender or receiver.

So the sender or receiver of a call is never "intercepting" when they record it, and neither is someone they authorized beforehand, such as a company recording system set up by the business.

The offense

15 M.R.S. § 710(1) says any person, other than certain carrier employees and law enforcement acting as the chapter permits, who intentionally or knowingly intercepts, attempts to intercept, or procures another to intercept any wire or oral communication is guilty of a Class C crime.

Section 710 also makes it a Class C crime to:

• intentionally or knowingly disclose the contents of a communication knowing it was obtained through interception (§ 710(3)); and
• edit or tamper with a recording and present it in a judicial proceeding or proceeding under oath without disclosing the changes (§ 710(2)).

The tampering provision is unusual. If your business ever relies on a call recording in court or arbitration, keep the original file unaltered.

In-person conversations and private places

The same definition covers oral communications, so a participant can record an in-person conversation. Conversations within someone's normal unaided hearing are not intercepted at all.

Maine's privacy statute adds a stricter rule for private places. According to the Reporters Committee for Freedom of the Press (RCFP), 17-A M.R.S. § 511 requires the consent of all persons entitled to privacy before recording sounds in places such as changing rooms and bathrooms, where the sounds would not ordinarily be audible outside.

Penalties

Violation	Statute	Classification	Maximum (per RCFP)
Interception	§ 710(1)	Class C crime	5 years, $5,000
Disclosure or use of intercepted contents	§ 710(3)	Class C crime	5 years, $5,000
Presenting an altered recording in a proceeding	§ 710(2)	Class C crime	5 years, $5,000
Recording in a private place without consent	17-A § 511	Class D crime	Under 1 year, $2,000

Civil liability

15 M.R.S. § 711 gives "any party to a conversation intercepted, disclosed or used in violation of this chapter" a civil cause of action. Each party can recover actual damages, but not less than liquidated damages of $100 per day for each day of violation, plus a reasonable attorney's fee and litigation disbursements.

Calls between Maine and neighboring states

Neighbor	Rule for phone calls
New Hampshire	All-party consent (RSA 570-A:2)
Massachusetts (nearby)	All-party; secret recording prohibited

Maine has only one neighboring state, and it is strict. New Hampshire makes it a crime to intercept a telephone communication without the consent of all parties. Southern Maine's economy runs across the Piscataqua, and Massachusetts, a short drive away, prohibits secret recording too. Read interstate call recording consent and see the state-by-state recording table.

Three Maine scenarios

A Portland property manager records calls with tenants. The manager is a receiver or sender, so recording is not interception. Some owners and tenants are in Massachusetts or New Hampshire, so the manager announces recording.

A Kittery contractor secretly records a call with a Portsmouth, New Hampshire homeowner. Maine permits it. New Hampshire requires all parties' consent. Disclose the recording.

A business owner edits a call recording to remove an unhelpful exchange and submits it in small claims court. Presenting an altered recording without disclosing the changes is a Class C crime under § 710(2). Keep originals intact.

What this means for Maine businesses

Tourism and seasonal businesses

Inns, outfitters and rental agencies take bookings from Massachusetts, New York and beyond. Massachusetts prohibits secret recording, so announce recordings on every call.

Fishing, marine and trades

Recorded calls help settle disputes about orders, prices and work scope. Keep original recordings unedited and stored centrally.

Healthcare and professional services

Recordings containing health or financial details need restricted access and a retention schedule.

Employees

Under § 709(4)(C), a person given prior authority by the sender or receiver is not intercepting. A written policy, acknowledged by staff, that business lines are recorded documents that authority.

Recording customer service lines in Maine

Maine's definition of "intercept" excludes anyone given prior authority by the sender or receiver, which is how a company recording system fits the statute: your employee, as receiver, authorizes the business to record. Write that authority down in your employee policy so it exists before the call, not after. For customers, a greeting notice is not required by Maine law, but it is required in practice for the many calls that come from New Hampshire and Massachusetts. Keep originals unedited, since § 710(2) makes presenting an altered recording in a proceeding without disclosure a Class C crime.

Maine recording checklist

• Recording notice at the start of recorded inbound calls
• Spoken notice on outbound recorded calls, especially to New Hampshire and Massachusetts
• Written, acknowledged employee recording policy
• No recording of calls without a participant's authority
• No recording devices in bathrooms, changing rooms or similar places
• Original recordings kept unaltered
• Access controls and retention schedule

Wording is in call recording disclosure scripts.

Recording calls in Maine with Callata

With recording on, Callata plays "This call may be recorded." to both sides as the call connects, on inbound and outbound calls, so your New Hampshire and Massachusetts callers are informed. Original recordings are stored privately and shared only through short-lived signed links, and each is transcribed and summarized with sentiment and action items. Callata's terms keep consent-law compliance with you. Recording and AI summaries come with the $99 monthly plan, which includes five users, plus $20 a month per extra user. Get started.