Is it Illegal to Record Someone on the Phone?
The U.S. government and all 50 states have enacted statutes about recording phone conversations. It's best to know what is legal where you live, because if you record in violation of the operative law you can make yourself vulnerable to civil suits or even criminal charges. Rules often differ for individuals, telephone companies and governmental agencies.
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U.S. Federal Law
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Federal law allows individuals to record phone conversations and other electronic communication with consent from at least one participant. If you are a party to the call, therefore, you may record it--although under most circumstances it would still be illegal to record a call to which you are not a party. The recording is not protected if it is being made for a criminal purpose.
Most States
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Most states in the U.S. (38 of them, plus the District of Columbia) have adopted similar statutes, and most have extended the rule to cover face-to-face conversations. Individuals may record their own conversations without notifying other parties.
There are interesting differences, however. In Arizona, for example, it is legal for the person paying for the phone service to record calls, even if he or she is not a party to the calls. -
12 Exceptions
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In Washington, Pennsylvania, New Hampshire, Nevada, Montana, Michigan, Massachusetts, Maryland, Illinois, Florida, Connecticut and California, all parties to the conversation must consent for recording to be legal.
For calls between states with differing statutes, it is always safest to abide by the rules of the stricter state.
Phone Companies
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U.S. telephone companies' recording of interstate and international calls is governed by the Federal Communications Commission. The FCC requires phone companies to get spoken or written permission from all parties; or notify all parties at the beginning of the call that it is being recorded; or use a distinctive "beep" warning that is repeated every few seconds when a recording is being made.
Around the World
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Canada's federal law about recording of telephone conversations is similar to U.S. federal law: An individual may generally record his or her own conversations. Laws differ from province to province; some require consent of all parties to the conversation.
In Great Britain, an individual may generally record his or her own conversations.
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