Recording a phone call: is it legal in your state?
Federal law and most states allow you to record a call you’re part of with only your own consent. About a dozen states, including California, Florida and Pennsylvania, require everyone’s consent. The safest approach anywhere is to say you’re recording at the start. For calls across states, follow the stricter rule. Never record conversations you’re not part of; that can be a serious crime. If you can’t record, take detailed notes and confirm by email.
Your checklist
- Check your state’s consent rule
- Most states: your consent is enough
- Some states: everyone must agree
- Safest: tell them you’re recording
- Never record calls you’re not on
- Take notes and confirm by email
Rather read it? Here’s the whole thing.
Two kinds of rules
- One-party consent: you can record a conversation you’re part of without telling the others. This is federal law and the rule in most states.
- All-party (two-party) consent: everyone on the call must agree. About a dozen states use this rule, including California, Florida and Pennsylvania. Check your state’s current law.
The safest approach
Say at the start, “I’m recording this call.” If the other person keeps talking, that usually counts as consent. Many businesses do this too.
Calls across states
If you’re in different states with different rules, follow the stricter rule, or tell everyone you’re recording.
What’s never allowed
Recording conversations you aren’t part of, like tapping someone else’s phone or leaving a hidden recorder, can be a serious crime.
Using recordings
Recordings can help in disputes with businesses, landlords or employers, but whether they’re allowed as evidence depends on how they were made. Ask a lawyer before relying on one in court.
No recording? Take notes
Write down the date, time, name and what was said, and send a follow-up email confirming it.
Official sources, and where to look
- USA.gov: state government websitesusa.gov
- FTC consumer advice: keeping records in disputesconsumer.ftc.gov
[your state] call recording consent law[your state] attorney general consumer help
Common questions
Can I record a video call?
The same consent rules generally apply. Many video apps notify participants when recording starts. More ›
Can I record my boss?
Consent laws still apply, and some workplaces have policies against it. Check your state law and get advice before relying on it. More ›
Is it legal to record a phone call without telling the other person?
In most states and under federal law, yes, if you’re part of the call. About a dozen states require everyone’s consent. More ›
Which states require all parties to consent to recording?
About a dozen, including California, Florida and Pennsylvania. Check your state’s current law. More ›
How do I legally record a call in an all-party consent state?
Tell everyone at the start that you’re recording. Continuing the call usually counts as consent. More ›
Can I record a call between two other people?
No. Recording conversations you’re not part of can be a serious crime. More ›
Know someone who needs this?
Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.