Is it Legal to Secretly Record Phone Conversations?

It is always best to obtain permission before recording a phone call.

The legality of recording phone calls varies from state to state. Thirty-eight states and the District of Columbia require the consent of one party engaged in the phone conversation.

One-Party Consent

Recording a phone call is permissible as long as one party involved in the call gives consent. In other words, you can record the phone call as long as you are one of the parties in the conversation.

Two-Party Consent

California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington require two-party consent. Consent must be obtained from every party involved in the conversation. If more than two parties engage in a phone conversation, consent from each party must be obtained.

Illegal Recording

Title 18 of the U.S. Code clearly states that intentionally recording a conversation with the sole purpose of engaging in criminal activity is illegal. Revealing the contents of a recorded conversation without the consent is also punishable by law.

References

• Citizen Media Law Project: Recording Phone Calls and Conversations
• Cornell University Law School: U.S. Code Title 18 § 2511: Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited