Is it Illegal to Record Calls to a Company?

State laws differ on recording phone conversations.

Whether you are a bad note taker or you want to have a record of a customer service call, know the law regarding recording phone recording. The laws vary between states.

Single-Party Consent

You can record any call as long as you are a party to the calls, according to federal law. However, some states require the consent of one person while some states require the consent of all parties.

Two-Party Consent

California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington require the consent of all parties -- commonly known as two-party consent laws. In the other 38 states as well as the District of Columbia, it is legal to record a phone conversation with the consent of only one caller, even when that caller is you. It is never legal to record phone calls where one is not a party.

Exceptions

As with any laws, exceptions exist. Federal law permits companies to monitor the calls of the employees. Several states have prior case law or other conflicting law that makes the issue murky including, Arizona, Illinois, Wisconsin, California, Washington, Indiana, New York, Connecticut and Massachusetts.

References

• Can We Tape?: State by State Summaries
• Call Corder: United States Telephone Recording Laws
• Citizen Media Law Project: Recording Phone Calls and Conversations