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Legal to record conversation

We are frequently asked if it is legal to record a phone call or conversation. The answer is not as simple as you may think.

There are various state and federal statutes that apply to the legality of recording a conversation. The information below is by no means comprehensive. If you are contemplating recording a phone call or conversation, you should seek advice from a legal professional.

The Basics: “One-Party Consent” vs. “Two-Party Consent”

The District of Columbia and 39 states are one-party consent, and 11 states are two-party consent (see table below). A one-party consent state permits individuals to record conversations to which they are a party without informing the other parties that they are doing so. In other words, one-party states allow recording of phone calls with the consent of only one of the parties to the conversation.

Based on the name, you would think that a two-party state would require consent of two parties; however, under most circumstances, all of the parties must provide consent.

Legal to record conversationWhere One-Party Notification Is Required

Alabama Louisiana Oregon
Alaska Maine Ohio
Arizona Minnesota Rhode Island
Arkansas Mississippi South Carolina
Colorado Missouri South Dakota
District of Columbia Nebraska Tennessee
Georgia Nevada Texas
Hawaii New Jeresey Utah
Idaho New Mexico Vermont
Indiana New York Virginia
Iowa North Carolina West Virginia
Kansas North Dakota Wisconsin
Kentucky Oklahoma Wyoming

Where Two-Party Notification is Required 

California Illinois Montana
Connecticut Massachusetts New Hampshire
Delaware Maryland Pennsylvania
Florida Michigan Washington

In-Person Conversation vs. Phone Call Recording

This information generally applies to recording a conversation in person. If you are in a one-party state and need to record a conversation in person with another person, you must follow the applicable laws of the state that you are in. Likewise with a two-party state.

(If you are looking for a digital voice recorder [affiliate link], Amazon has number of high quality voice recorders starting at around $25.)

However, what if you are recording a phone conversation taking place between two different states that have two different consent requirements? For example, if you are making a phone call from New York (a one-party state) to California (a two-party state), what do you do?

The general rule of thumb is that you should abide by the law of the state with the most strict statute, which in this case would be California.

(If you want to record a conversation through your computer, Pamela for Skype [affiliate link] is a great tool that we have been using for years with great success.)

Other Things to Know

Generally, it is almost always illegal to record a phone call or conversation to which you are not a party. Every state except Vermont has criminal penalties for unlawful recording.

Final Thought

Whether it is legal to record a phone call or conversation is more complicated than you may think.

We hope this information will serve as a general guide, and is not intended to substitute for expert legal counsel. It is always best to talk with an attorney if you have questions about the legal implications of recording calls in your state. 

Additional Resources:

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134 replies
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  1. JayJay
    JayJay says:

    I have a friend going through a divorce in Missouri. Am I understanding that if a conversation is recorded by one of the two people taking part in that conversation (both parties residing and recorded in the state of Missouri), then is it considered a legal recording because Missouri because Missouri falls under the “one party consent” states? And if this is true, would a recording between both parties where one admits to information needed in a domestic case as evidence an incident occurred be admissible? Also, would a recording of a message left on couples landline answering machine (voicemail) also fall under the “one party consent” and also be admissible?

  2. Joshua Begley
    Joshua Begley says:

    does anyone have the right to use a recording device on me without my consent in terms of trying to us it to get me fired. I work at a airport and a taxi driver with no respect for the rules always records me when I confront him about his rule breaking. I know he has to be editing the records because with his mouth he will be hurting himself more than it will ever hurt me. Can he do this legally?

  3. Nick
    Nick says:

    Hello,
    I live in MA. I want to record phone conversation with the person in ILL. What are my legal steps to do it? Thank you.

  4. Nance Henderson
    Nance Henderson says:

    I live in the state of Maryland. I had a contractor come to my home to do an estimate on re-waterproofing my basement (after it continued to flood after the company already waterproofed it.) A dry basement was a condition of me buying the house. I was recording the estimate with a voice recorder on my ipad (the recording app was open and in my hand throughout the duration of the estimate) to keep notes on what needed to be done, logistics, and cost. However, I did not ask for the contractor’s permission to record.

    During the estimate, the contractor admitted that the seller disregarded the expert analysis of how to properly waterproof the basement and explicitly asked for only a sump pump to be installed (he was the same contractor that did the estimate and renovations for the seller). Is my recording legal and can it be used in court? Is their reasonable expectation of privacy when coming to someone’s home to do an estimate?

    • Brian Willingham
      Brian Willingham says:

      I recommend you discuss this with an attorney, but based on my understanding of the law, both parties must consent to the recording, therefore it should not be able to be used in court.

  5. Jack
    Jack says:

    What if you are trying to prove how unfit a parent is and in that conversation they admit to things they would normally not admit. This is in the state of florida and it was done with a cell phone that was visible to them while they were talking. Is it illegal?

  6. bridget
    bridget says:

    I have 2 questions, if you don’t mind. The first is, if I am recording a phone conversation between myself and someone else, and the other person asks “are you recording this?”, am I required to tell them I am? (I am in NJ).
    The second is this: If a police officer calls me (while on duty), am I allowed to record that conversation?
    Thank you!

    • Brian Willingham
      Brian Willingham says:

      As for the first question, you would have to consult an attorney. It’s a bit of a grey area. As for the second, I don’t see any reason why you can’t as long as it’s done legally.

  7. Katie Cather
    Katie Cather says:

    In CA, a two-party state, can an officer of the law, in conducting an investigation, covertly tape conversations with suspects or witnesses without informing them he’s recording?
    Thanks,

    • Brian Willingham
      Brian Willingham says:

      In some states, the all-party consent requirement does not apply to police officers acting within the scope of their duties. I would check the local state laws.

  8. Melissa
    Melissa says:

    I believe that my ex husband is recording my phone conversations with my children (ages 7, 11, and 13) when he has visitation with them. We live in Nebraska which I know is one party, but my kids don’t give him permission to record. Does this make a difference since they are minors and it is his phone line?

  9. Ann Clampet
    Ann Clampet says:

    I live in Florida and just recently found a recording device under the seat of my car, only one person has access to my vehicle besides myself. I noticed that it only turns on when it detects any noise, the gentleman i have been seeing is in law enforcement for the state of florida. Does he have any rights to be doing this?

      • Ann Clampet
        Ann Clampet says:

        what are the ramifications of him doing this and what can i do? I have the device turned off and put into a plastic bag. As of this moment he does not know i have found it.

        Thank you for your response, it really helpful to me.

        • Brian Willingham
          Brian Willingham says:

          You can bring it to the local authorities, but I am not sure that’s an option given that he’s in law enforcement.

  10. Alisha
    Alisha says:

    We live in Texas. My husband informed me today that his boss admitted to “accidently” recording him and other coworkers in their work vehicle when the boss is not present. I see above that Texas is a “one-party” state, but how I read that is, it’s ok when the boss would be present to record without knowledge to the employees; however, since he’s not available for these conversations isn’t it illegal?

  11. Joe Gray
    Joe Gray says:

    What if a parent sends a hidden video/audio recorder to school to hear and see the daily interactions between their elementary age child and school staff? Is that legal?

  12. Gina
    Gina says:

    If someone from California, a two-party consent state, calls someone in Ohio, a one-party consent state, can I record the call?
    I am getting harassing phone calls from a business in California. As far as I am concerned, if they are calling ME (in Ohio, in my own home) I do not have to tell them that I am recording their phone calls.

    • Brian Willingham
      Brian Willingham says:

      As a general rule of thumb, you need to use the state with the most strict rules, which in this case would be California, a two-party state.

  13. Missy Paul
    Missy Paul says:

    I had to take a protective order against another person after he threatened me with a weapon.
    After he threatened me, he recorded a conversation my spouse and I had together that this other party was not a part of. The protection order had not yet been delivered to the party at the time.
    Because he was NOT a part of the conversation, does his recording of the conversation make it illegal in the state of Idaho?

  14. Kathy
    Kathy says:

    I need to have a conversation over Skype with someone that I am entering into negotiation with regarding some difficulties. I am in a one-party state (not planning to record) – they are in another country. Would Federal laws apply and what are they with regard to one party or two party recording laws?

    • Brian Willingham
      Brian Willingham says:

      Recording between countries gets pretty murky. I would consult an attorney if you are worried about it.

  15. zed
    zed says:

    So let’s say the two people involved in a conversation live and reside in a “two-party consent” state. But, they both travel for a few days to a “one-party consent” state, and the recording is made there. Could the recording be used only in that one party state? Or could it be used too in the two-party state?

    • zed
      zed says:

      Edit: Another variation: what if the person wishing to make the recording lives in a “one party consent” state but, the other person lives in a “two party consent” state. Can the recording be made when the second person visits the first in the “one party” state?

      • Brian Willingham
        Brian Willingham says:

        The critical thing is where the recording was made; not where the person lives. If the person is physically in one state, you must abide by the laws of that state, whether it is a one-party state or a two-party state.

  16. Marie
    Marie says:

    My husband was recorded in New Jersey venting about his boss with a person he considered his friend. That “friend” is now threatening to use the recording to get my husband in trouble with his boss. Is this legal?

  17. Kristina
    Kristina says:

    Thanks for your help. My husband and his ex will be entering a hearing for modification of custody in the near future. In addition to bounds of inappropriate emails, we once recorded her threating to beat me up and/or kill me if I ever entered the state of Wyoming, which is where she resides and the court presides over the case. We would love to use it during the proceeding. However, we live in Washington. Will we be able to follow the one party consent laws of Wyoming because that is where the court is located? Or will the court deny the recordings as evidence and also take into account Washington law, too? Thanks again.

    • Brian Willingham
      Brian Willingham says:

      It depends on where the recording was done; if it was done in Wyoming, it shouldn’t be an issue. If it was recorded in the State of Washington, it gets more complicated and would seek advice from counsel.

  18. Anthony
    Anthony says:

    What if you record phone conversations in a One-Party Consent state, the company primarily does business in a One-Party Consent state, but is incorporated in DE (a Two-Party Consent state), so any litigation will be filed and tried in DE… would DE court accept the audio transcripts since the recordings were done in a One-Party Consent state?

    • Brian Willingham
      Brian Willingham says:

      The legality of the recordings depends on where they are recorded, now where a lawsuit was filed.

  19. Jay
    Jay says:

    I live in MD and suspect my boss has been recording my in-person conversations with him without my knowledge. Is that legal?

    • Brian Willingham
      Brian Willingham says:

      No. It is not legal without permission of all parties in the conversation in Maryland.

  20. Sarah
    Sarah says:

    me and my ex boyfriend were at his house and he recorded us having a converstation about work and i had no idea that he was recording me. the next morning he text me and thanked me for the audio and he was going to show my PO and our director at work. can i lose my job over a recorded converstation? is that even legal?

    • Brian Willingham
      Brian Willingham says:

      The question on whether it is legal or not depends on on what state the recording was made.

  21. Looking for answers
    Looking for answers says:

    I have been working (security) in a hospital for (Wisconsin) for 10+ years. The policies are always changing and hard to be aware of each rule word for word.

    When ever something nice was being thrown out, I would get a written permission slip to remove the item off the property.

    Recently, we had an item for over 3 months unclaimed (policy 60 days and gone) and I asked someone (person A) in charge (verbalized) if I could take the item and told “Yes”, no problem. Soon after, someone asked where the item was, I informed the boss I had it because of a verbal statement from person A that I could remove the item. My boss looked shocked, so I went into a open room and made a specker call (recorded it) to person A about what was going on. Person A for several minutes openly admitted to what I told the boss. Person A stated he would call the boss and straighten this all out.

    Next thing I know, I’m suspended pending an investigation because policy on the back page bottom now states nothing is allowed to be removed. I called person A back and asked what was going on, he was now telling me he never knew what was going on and never gave permission to take anything.

    Again, we have over 50 policies changing as they see fit, so to know every rule is hard, I was still going by the way I’ve known for years.

    I was called in to bring the item back, so I did, then terminated. I then played the recording, I know this took my boss by a huge surprise because he and person A are good friends. I am going to grieve the issue.

    Any help or suggestions would be great, and yes, I kept the old permission slips.

    • Brian Willingham
      Brian Willingham says:

      Thanks for the comment. I am not sure what you are asking. The recording was certainly made within the bounds of the law and will help you as you move forward, but even if someone told you it was OK to take it and it was against company policy, there is still grounds for some type of action. I am not an attorney (and don’t pretend to be one) but I suggest you get a good one.

  22. Jodi
    Jodi says:

    We live in Ohio. About a year ago one of my son’s good friends told his parents he was gay. Since that time his home life has deteriorated. He has been kicked out numerous times. The police have been called on three separate occasions by him and his parents. (Not that it matters but we are talking a 3.9 honor student and gifted pianist…wealthy neighborhood…professional parents…no drugs alcohol or behavioral problems in regard to this kid…) Although he is a senior in high school, his parents have kicked him out of the house on three separate occasions…just because he refused to “will away the gay” and he is now 18. He hasn’t even acted on these feelings to our knowledge. Last Saturday his Step-father called the police to have him removed. The police were sympathetic and told him they could arrange for a temporary place for the night but if he had a friend or family member he could call it might be better for him. Hew called my son. We didn’t blink…he has a place here in our home for as long as he needs. When our son and this boy went to the house to gather some of the boys belongings, bookbag, music, etc. the stepfather followed them as they packed and became verbally abusive…scary verbally abusive. My son got frightened to the point where he began to secretly tape the conversation on his i-phone because he the father was so verbally in-their face abusive. We listened to 35 minutes of this boy being told he was selfish for being gay and that he was going to hell. He ranted and yelled and threatened for 15 minutes inside the house and another 20 outside. Question: My son only taped the conversation because he began to feel frightened the threats would turn physical. Both boys were calm and said very little. My son said the only purpose for the recording was in case someone would “find their bodies”…there would be evidence. Because they felt harm would come to them in the situation, was it illegal for my son to hit the record button if he does not intend to make the tape part of a court proceeding. Should he delete it? What should they have done in hindsight?

    • Brian Willingham
      Brian Willingham says:

      As long as your son was part of the conversation, it is within the bounds of the law. Either way, it’s not necessary to delete the message, especially if there is still some fear that something will happen. If you are concerned about it, I would seek an opinion from counsel.

  23. Matt
    Matt says:

    Michigan resident, here…hello. I had in issue where I needed to speak with our company’s lead gen center about a dispute we had with a potential client. The conversation was tense, but not confrontational. That is important because the colleague reported to a superior that he felt it was. Sorry, here us my issue. Without me knowing, the conversation was recorded and shared with several superiors. I was sent the recording, to my shock. Again, not told I was being recorded and there is nothing in the employee handbook informing employees that this is policy or standard practice. Not happy! Legal?

  24. Leslie Durham
    Leslie Durham says:

    I have been made aware that one of my employees has secretly been recording my conversations with other employees in the office. This employee may or may not have been present when these recordings were made. This employee would have been suspended for performance issues, but has informed the HR Manager that she has recorded conversations where I have spoken about her. As South Carolina is a one-party state can these be used against me? I have not heard the recordings and the employee will be providing these to the HR Manager.

  25. Dave Thomas
    Dave Thomas says:

    Sometimes private investigators will have to listen to a taped conversation several times before they can single out an important piece of information or just a fleeting thought. New evidence is then collected and must be compared with all the other known evidence in order to create a feasible scenario. This is why working with a cell phone recording device is crucial in investigative work.

    • Brian Willingham
      Brian Willingham says:

      But if you illegally record a conversation without the person knowing, you have much bigger problems. Of course recording phone calls can be helpful, but here in the U.S., you need to have the other person’s permission.

  26. Allen Kriskowski
    Allen Kriskowski says:

    In the state of Virginia, a ‘One Party Consent’ state the husband has been recording conversations with his wife. If the wife sends a certified letter to the husband denying him permission to record any future phone or face to face conversations between them, can he still legally record them?

  27. Chandra
    Chandra says:

    I know that it depends on each state whether or not a conversation can be recorded, but if someone owns a recording device that has been used in the past for recording conversations, did not know the device was on, recorded an entire coversation, listens to it later on and finds out in this recording incriminating things that a “party member” has said, would it still be illegal (in a “two-party” state) to try and use it later on?

    • Brian Willingham
      Brian Willingham says:

      I would consult an attorney. If I had to guess, I would say that it would not be legal to use, but I am not an attorney, and I am not familiar with the laws of the state that you reside in.

  28. Justine
    Justine says:

    Is there a problem with placing a recording device in my home or car to record my partner’s conversations? I live in Maryland, and it’s clear I need consent if I record a phone conversation. However, in this case, the recording device is on my property and I am not present.

    • Brian Willingham
      Brian Willingham says:

      It’s not legal. You need to be part of the conversation. It doesn’t matter if it’s your property or not.

  29. Charlie
    Charlie says:

    I reside in Colorado. I have been wanting to record my supervisor because she tends to say things that are not appropiate in the content of the conversation. I talked to HR about her and they are siding with her. The only way to prove her behavior is recording her but I have been told is illegal by the HR department. Is that true? My friend, a police officer said no, there is no expectation of privacy as long as one party knows of it (me).
    Thanks!

    • Brian Willingham
      Brian Willingham says:

      In Colorado, it’s a one party state, so as long as one party knows about the recording and both parties are in the State of Colorado when the recording occurs, it is within the bounds of the law.

  30. Bill Wipf
    Bill Wipf says:

    I live in Delaware, during a verbal disagreement with one of my employees. He informed me after the conversation that I had been recorded using his cell phone, I’m not concerned about the content of the conversation, I’m more interested if it was legal for him do to so without my consent.

  31. Alan Theriault
    Alan Theriault says:

    I have a question. I am in the state of NM, which is a one party state I am told. I received a return call from a corporation involving a complaint I filed, and I think from the conversation that this person was an attourney for this company. I am currious, does he have to disclose to me that he is an attourney and that he is recording my conversation, even though this is a one party state?

  32. Brent
    Brent says:

    I hope this is a pretty simple question, i live in louisiana which is a one party state. If I am doing skype with my 4yr old (while she is in my mothers custody) and I record the conversation, is that considered legal? and if so, does it become illegal when the conversation ends, she forgets to turn off the mic on her end, and I continue to record, where i hear her say some God awful things to my daughter? i was advised that it is legal as long as I record from the beginning of the conversation. Thanks

    • Brian Willingham
      Brian Willingham says:

      The first thing you need to consider is which state your daughter resides in. If she resides in a state with stricter laws regarding recording laws, the general rule of thumb is the stricter state laws apply. To answer your question, I would seek legal advice to answer your question, specifically someone who has expertise in Louisiana recording laws.

  33. Eric Hodgkins
    Eric Hodgkins says:

    I live in Maine, my 15 yr old son went to school and during his photography project he was taking pictures in the hallway. He put his camera on video record (he is indicating by accident) in his pocket, so it recorded audio but the video is solely of his pocket. He had a conversation with a teacher and they are suspending him from school for violating state recording laws. School has confiscated my camera so I am not sure what is on the video.

  34. Dan
    Dan says:

    Both I and the mother of my children reside in the state of Illinois. We were never married so when her and I split up the state automatically gave the children to her, with no custody hearing. When we communicate via e-mail she portrays herself as a saint and says everything she can to make herself look like the perfect mother. Yet during phone conversations she has said some mind-blowing things, even threatening things. She takes advantage of situations where our conversation is off the record. Would it be legal for me to voice record our phone and Skype conversations for use during a court hearing? Could I video record our video chat sessions to show proof in court of her mistreating my children?

    • Brian Willingham
      Brian Willingham says:

      If she resides in Illinois it should not be an issue if you are a party to the conversation. However, if you are recording the conversation between your wife and children, it’s different. At least one of the parties must be aware of the recording. Because your children are probably minors, it certainly complicates the matter, however. I would seek legal counsel before proceeding.

  35. jay
    jay says:

    hi, i live in RI and work in MA.

    i was wondering, if it is illegal to record a phone conversation between me and my friend (whom lives in RI and works in MA as well)? if it is what is the penalty?

    in this situation is it a 1 party or 2 party state?

  36. Dave Fisher
    Dave Fisher says:

    I live in MA and have surveillance cameras and video recorders, for home security and to see what’s going on in the dark. If a conversation is recorded in the course of video recording, is that legal? Surveillance video has been used in court, but can the audio as well?

    • Brian Willingham
      Brian Willingham says:

      Given the strict federal and state requirements, it is very difficult to record audio legally, regardless of what state you live in. From the law firm of Mitchell Silberberg & Knupp LLP: “Short of obtaining the formal written consent of all persons who will be subject to the audio/video surveillance security system, there exists no certain way to employ such a system without risk of civil and criminal liability under federal and state law. ”
      http://www.msk.com/news/article.cfm?id=847&type=Alert&aid=56

  37. Rad
    Rad says:

    What if I notify the person I am calling that I am recording the phone conversation and they say “You don’t have my consent”, then I say “Well, I am going to keep the recorder running if you don’t want to continue this conversation recorded, just hang up”. They continue the conversation after informing me I don’t have their consent. Haven’t I done my part by notifying them that I am recording and going to continue to record and haven’t they given me a tacit/implied consent by continuing the conversation? I gave them the option to opt out by hanging up if they didn’t want to be recorded.

    • Brian Willingham
      Brian Willingham says:

      I am not a legal expert, but if you don’t have consent, you DON’T have consent. It doesn’t matter if you told them or not.

      • Mike Hanson
        Mike Hanson says:

        Wouldn’t consent be implied by the recorded party’s choice to continue the conversation even though he has been informed it will continue? That seems to be the disclaimer customer service lines use when informing the caller that the call ‘may be recorded’.

        • Brian Willingham
          Brian Willingham says:

          A disclaimer on a customer service line is different than a person refusing consent to be recorded. Like I said, this is not a legal opinion, but I in my mind they are two different things.

  38. Frustrated
    Frustrated says:

    I live in Indiana, but my 3 year old son lives in PA with his mother. She had her attorney send me and my attorney a letter stating that i verbally abused my son’s mother during a weekly Skype conversation. That accusation was completely innacurate. If i “had taped” the conversation when i supposedly verbally abused her, would that be considered illeagal? My son’s mother has created a few other stories that were lies, and these lies have made me look like a father who doesn’t care, verbally abusive, and all around an individual who acts out in bad faith. I truely care about spending time with my son, but these stories keep making me look bad in view of court official, which seem to have a direct affect on the time granted for visitations. I have never been in any trouble with the law or any type ofathorities. I have a respectable occupation that allows me works with children. I understand the importance of both parents being involved with their childrens lives and the importance of parent relationships. I’m getting fed up with looking like the bad parent because of lies or one sided stories. So can i legally tape these skype sessions in order to help clear my name of any wrong doing or future issues similar to the one I have already stated?

    • Brian Willingham
      Brian Willingham says:

      Given that your son and his mother live in Pennsylvania, a two-party state, it is against Pennsylvania statutes to record the conversation.

  39. gounreal
    gounreal says:

    My husband and I were at a restraining order hearing today regarding a TRO my roommate has against him. There are many different things going on with my roommate, including but not limited to having me trespassed and it taking a court order to get me back in. The night the police served her with the TRO Lockout, she went ballisitic. They told me straight up, she is going to try to set you up somehow so “document” everything. I asked if I could “record” everything, they said absolutely. So I did. Upon entering the house she tried to stop my husband saying he wasn’t welcome here. We recorded that and went up to my room. The police came and said he was my guest she couldn’t make him leave. The next day, she filed the TRO on my husband for harrassment. Almost everything on the TRO could be refuted by the recordings we had of various encounters with her. At Trial today, the judge was informed that we had recordings. He asked me to leave the courtroom, just in case I would be a witness for my husband. Eventually he called me back in to play the recordings, but my roommate objected, saying her right to privacy had been invaded. The judge then changed his mind and said he wouldn’t allow it to be played. He then ruled and it went against my husband. I don’t understand. The law clearly states:
    Any wire, oral or electronic communication (including cellular phone calls) can lawfully be recorded by a person who is a party to the communication, or when one of the parties has consented to the recording, so long as no criminal or tortuous / wrongful purpose exists. Haw. Rev. Stat. § 803-42. As well as stating: The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment. The court shall receive all evidence that is relevant at the hearing, and may make independent inquiry.

    How is it that someone’s word, based on recollection and/or manufactured… and under oath, by penalty of perjury… takes precedence over the actual recorded event?

    • Brian Willingham
      Brian Willingham says:

      Since this is really a legal question, I suggest you consult an attorney who is knowledgeable of local statutes.

  40. Tracy
    Tracy says:

    Can a patient record a conversation between herself and a healthcare provider under ‘normal’ circumstances in North Carolina? If I have no concern about the care I will be given is it ok to record the healthcare visit?

    • Brian Willingham
      Brian Willingham says:

      While North Carolina is a one party state, there may be local statutes against recording conversations with healthcare providers. I would consult a local attorney.

  41. Jay
    Jay says:

    I know Washington, DC is a 1 party state. Now if i record a phone conversation and we’re both in DC when the conversation takes place, will I be able to use this in a maryland court, as evidence??

  42. Michael
    Michael says:

    I live in CA was at a Restraining Order Hearing today one on the parties secretly recorded conversations between my self and a third party in the house that we live in. Of course the recordings presented were one sided. Yet the judge allowed them to be played and impeach my testimony. What can I do ?

  43. Betty smith
    Betty smith says:

    I have a question is it legal for me to record a phone call conversation between myself and my child’s father in the state of Pennsylvania without him knowing. Will I be able to use it in court for custody hearing? I ask this because he is abusive towards me and he recently contacted me stating he apologize for the way he was acting and wants to be a family. I don’t trust him because he filed a false restraing order on me as if I was abusing him. So I need legal advice whether it was legal for me to record him admitting to attacking me. In should I bring this recording to our upcoming custody hearing.

    • Brian Willingham
      Brian Willingham says:

      Under the current statutory language, consent of all parties is required to tape a conversation. Anyone whose communication has been unlawfully intercepted can recover actual damages in the amount of $100 per day of violation or $1,000, whichever is greater, and also can recover punitive damages litigation costs, and attorney fees.

      http://www.rcfp.org/can-we-tape/pennsylvania

      • curious
        curious says:

        Your comment is confusing. If Pennsylvania is a one party consent state. However you state “Under the current statutory language, consent of all parties is required to tape a conversation.”

        What am I missing?

        • Brian Willingham
          Brian Willingham says:

          Pennsylvania is a two party state, therefore consent of all parties is required to tape a conversation.

  44. leelee
    leelee says:

    i am having issues with my boss.he is verbally abusive and denies this.im working in newyork.when my boss goes home on the weekend and calls to address work issues etc. he is usually in massachusetts.is it illegal to record a conversation with him if im a party to the conversation(while he’s visiting home in massachusetts)? if so,can i inform him now about prior recorded conversations,and still utilize my recordings if needed?

    • Brian Willingham
      Brian Willingham says:

      I would seek legal counsel, but since Massachusetts is a two-party state, based on my understanding of the laws, it is not legal.

  45. Joni
    Joni says:

    I live in Texas & so does my ex. I keep getting different answers as far as could I record a phone conversation I have with him. He denies what he says on the phone & im trying to get his visitation rights revoked bc he is threatening me while he has the kids then denies that he said any of that stuff.. Can I or Cant I record?

  46. robert
    robert says:

    I live in Oklahoma. I am going through some things at work wih my boss and supervisors denying things thats happens on the job. The only way to prove that they lie at work is to record their comments. If I record a conversation is it legal?

    • Brian Willingham
      Brian Willingham says:

      As long as you are a party to the conversation, there is nothing illegal about recording the conversation.

  47. Barbara
    Barbara says:

    I have a question for a friend because he doesnt have the internet to look the info up that he needs.He got into trouble by the law and got locked up and is out now and the other person that got him into trouble cassette recorded a phone conversation and he did not know he was beaing recorded,she then took it to court and gave it to who ever at the court house.They both live in the state of Delaware.Can she do this and is it legal and can the court people use this on him?Thanks so much Barbara

    • Brian Willingham
      Brian Willingham says:

      I would certainly seek some legal advice, but Delaware is a two-party state. Both (or all) parties need to be notified that the conversation is being recorded.

  48. patti wehman
    patti wehman says:

    I am confused. The map indicates that vt is a two party state but the written explanation/list indicates that it is a single-party state. Which is it? Also, please explain single party. Does that mean if there are two ppl in a conversation and one has a recorder, he/she does not have to notify the other or does single mean other than the person with the recorder?

    • Brian Willingham
      Brian Willingham says:

      You are absolutely right Patti. Vermont is a one party state and the map is incorrect. You can find out more about the Vermont statute here – http://bit.ly/usOzot.

      As far as the one-party state, one person who is part of the conversation needs to know that the conversation it is being recorded. The other person does not need to be notified. In other words, you cannot record someone else’s conversation if you are not part of it. Does that help clarify?

Trackbacks & Pingbacks

  1. […] I explained that in New York, like most States, if someone is recording a conversation at least one of the recording parties must be a part of the conversation. Otherwise, referred to as: 1 Party consent. Other States like Connecticut have 2 party consent, meaning that both parties must consent to the recording. It is a Felony in the State of New York and the State of Connecticut to violate one party or two party consent laws. These laws do not just apply to being in public, but the telephone too. For more information, our trusty friends at Diligentia Group wrote an excellent article on recording phone calls & conversations. […]

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