# 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. - URL: https://explained.page/recording-a-phone-call - Language: en - Last checked: 2026-10-29 - Watch the 1-minute animated guide: https://explained.page/watch?start=recording-a-phone-call ## Step by step 1. **Want to record a phone call?** It can be great proof in a dispute, but the rules depend on your state. Here’s the simple version. 2. **Know your state’s rule.** Federal law and most states allow recording if you’re part of the call. About a dozen states, including California, Florida and Pennsylvania, require everyone’s consent. 3. **The safest way: tell them.** Saying “I’m recording this call” at the start, and having them continue, usually counts as consent everywhere. 4. **Calling someone in another state?** If either state requires everyone’s consent, follow the stricter rule, or just tell everyone you’re recording. 5. **Never record calls you’re not part of.** Secretly recording other people’s conversations can be a serious crime. 6. **No recording? Take notes.** Write down the date, time, name and what was said, and follow up by email: “As we discussed today…” That written record helps too. ## 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 ## 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. ## Common questions ### Can I record a video call? The same consent rules generally apply. Many video apps notify participants when recording starts. Source page: https://explained.page/recording-a-phone-call/questions/can-i-record-a-video-call ### 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. Source page: https://explained.page/recording-a-phone-call/questions/can-i-record-my-boss ### 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. Source page: https://explained.page/recording-a-phone-call/questions/is-it-legal-to-record-a-phone-call-without-telling-the-other-person ### Which states require all parties to consent to recording? About a dozen, including California, Florida and Pennsylvania. Check your state’s current law. Source page: https://explained.page/recording-a-phone-call/questions/which-states-require-all-parties-to-consent-to-recording ### 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. Source page: https://explained.page/recording-a-phone-call/questions/how-do-i-legally-record-a-call-in-an-all-party-consent-state ### Can I record a call between two other people? No. Recording conversations you’re not part of can be a serious crime. Source page: https://explained.page/recording-a-phone-call/questions/can-i-record-a-call-between-two-other-people ### Can I use a recorded call as evidence? Sometimes, if it was made legally. Ask a lawyer before relying on it in court. Source page: https://explained.page/recording-a-phone-call/questions/can-i-use-a-recorded-call-as-evidence ### What if I can’t record a call? Take notes with the date, time, name and what was said, then confirm by email. Source page: https://explained.page/recording-a-phone-call/questions/what-if-i-cant-record-a-call ## Official sources - [USA.gov: state government websites](https://www.usa.gov/states) - [FTC consumer advice: keeping records in disputes](https://consumer.ftc.gov/) To find your local office, search for: - "[your state] call recording consent law" - "[your state] attorney general consumer help" --- General information, not legal or professional advice. Rules differ by state. From explained.page (www.explained.page). Life’s stuff, explained simply.