Guide

Call recording consent laws by state (2026)

Can you record a customer call? Under federal law and in most states, yes, with one party's consent. In thirteen states every party has to agree, or be clearly told. Here is the list, with the statute for each, checked against the official text.

Updated October 28, 2026Statutes checked October 28, 2026By the Unmanually team

Quick answer: federal law and most states let you record a call if one party to it (you) consents. Thirteen states, including California, Florida, Illinois, Pennsylvania and Washington, require the consent of everyone on a phone call, or a clear notice that counts as consent. If a call crosses state lines, the safe habit is to follow the stricter state's rule and tell people at the start.

Federal law: one party

The federal Wiretap Act allows a person who is a party to a call, or who has the consent of one party, to record it, unless the recording is made to commit a crime or a tort: 18 U.S.C. § 2511(2)(d) (text). States can be stricter, and many are.

All-party (two-party) consent states for phone calls

StateRule for phone callsStatute
CaliforniaAll partiesCal. Penal Code § 632(a): recording a confidential communication "without the consent of all parties" (text)
ConnecticutAll parties (civil law, phone calls)Conn. Gen. Stat. § 52-570d(a): consent of all parties, or a recorded verbal notice at the start, or a warning tone about every 15 seconds (text)
DelawareAll parties (statutes conflict)11 Del. C. § 1335(a)(4) bars intercepting a telephone message "without the consent of all parties"; § 2402(c)(4) allows it with one party's consent. Follow the stricter rule (text)
FloridaAll partiesFla. Stat. § 934.03(2)(d): lawful when "all of the parties to the communication have given prior consent" (text)
IllinoisAll parties720 ILCS 5/14-2: recording a private conversation in a surreptitious manner without "the consent of all other parties" (text)
MarylandAll partiesMd. Code, Cts. & Jud. Proc. § 10-402(c)(3): lawful where all parties have given prior consent (text)
MassachusettsAll partiesMass. Gen. Laws ch. 272, § 99: secretly recording without prior authority from all parties (text)
MichiganAll parties (see note)MCL 750.539c: eavesdropping "without the consent of all parties". The Reporters Committee notes it applies at least to recordings by someone not in the conversation (text)
MontanaAll parties, or a warningMont. Code Ann. § 45-8-213(1)(c), (2)(a): recording without the knowledge of all parties is an offense; a warning to the other party is an exception (text)
NevadaAll parties for phone callsNRS 200.620(1): one party's consent is enough only in an emergency, with court ratification afterwards (text)
New HampshireAll partiesRSA 570-A:2, I: intercepting a telecommunication "without the consent of all parties" (text)
PennsylvaniaAll parties18 Pa.C.S. § 5704(4): lawful where all parties have given prior consent (text)
WashingtonAll parties, or an announcementRCW 9.73.030(1)(b), (3): consent of all persons; an announcement to all parties counts, and must itself be recorded (text)

States that split by type of conversation

StateRuleStatute
OregonOne party for phone calls; all participants informed for in-person conversationsORS 165.540(1)(a) and (1)(c) (text)
MissouriOne party for phone callsMo. Rev. Stat. § 542.402.2(3) (text)

The Reporters Committee for Freedom of the Press also notes that Hawaii and Maine require everyone's consent in particularly private places and one party's otherwise.

One-party consent states

These states and the District of Columbia follow a one-party rule for phone calls, according to the Reporters Committee's recording guide. Vermont has no recording statute, so only the federal rule applies there.

Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.

We checked the statute text for every all-party and split state above, and the federal statute, on October 28, 2026. The one-party list follows the Reporters Committee's guide; we did not re-read each of those statutes.

What this means for a small business

Unmanually's AI says it is an AI in its first words on a call.

This page is general information, not legal advice. Laws change and courts interpret them; check with a lawyer licensed in your state.

Related: best AI receptionist for plumbers · for HVAC · all comparisons · all guides

FAQ

Which states require two-party consent to record a phone call?

For phone calls: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington, based on the statute text we checked on October 28, 2026. Some of them treat a clear announcement or warning as consent.

Is federal law one-party consent?

Yes. 18 U.S.C. § 2511(2)(d) allows a party to a call, or someone with one party's consent, to record it, unless it is done to commit a crime or tort.

What if the caller is in a different state?

The stricter state's rule may apply. A common cautious practice is to tell everyone at the start that the call may be recorded.

Does an announcement count as consent?

In some states, yes: Washington counts a recorded announcement to all parties, Connecticut accepts a recorded verbal notice at the start, and Montana excepts people who were warned. Check your own state.

Does an AI answering my phone change the rules?

The recording rules are about recording, whoever answers. Unmanually's AI says it is an AI at the start of a call. This is not legal advice.

Sources

  1. 18 U.S.C. § 2511(2)(d), checked October 28, 2026. law.cornell.edu
  2. California: Cal. Penal Code § 632(a), checked October 28, 2026. california.public.law
  3. Connecticut: Conn. Gen. Stat. § 52-570d(a), checked October 28, 2026. www.cga.ct.gov
  4. Delaware: 11 Del. C. § 1335(a)(4) bars intercepting a telephone message "without the consent of all parties"; § 2402(c)(4) allows it with one party's consent. Follow the stricter rule, checked October 28, 2026. delcode.delaware.gov
  5. Florida: Fla. Stat. § 934.03(2)(d), checked October 28, 2026. www.flsenate.gov
  6. Illinois: 720 ILCS 5/14-2, checked October 28, 2026. www.ilga.gov
  7. Maryland: Md. Code, Cts. & Jud. Proc. § 10-402(c)(3), checked October 28, 2026. mgaleg.maryland.gov
  8. Massachusetts: Mass. Gen. Laws ch. 272, § 99, checked October 28, 2026. malegislature.gov
  9. Michigan: MCL 750.539c, checked October 28, 2026. www.legislature.mi.gov
  10. Montana: Mont. Code Ann. § 45-8-213(1)(c), (2)(a), checked October 28, 2026. mca.legmt.gov
  11. Nevada: NRS 200.620(1), checked October 28, 2026. nevada.public.law
  12. New Hampshire: RSA 570-A, checked October 28, 2026. gc.nh.gov
  13. Pennsylvania: 18 Pa.C.S. § 5704(4), checked October 28, 2026. www.palegis.us
  14. Washington: RCW 9.73.030(1)(b), (3), checked October 28, 2026. app.leg.wa.gov
  15. Oregon: ORS 165.540(1)(a) and (1)(c), checked October 28, 2026. oregon.public.law
  16. Missouri: Mo. Rev. Stat. § 542.402.2(3), checked October 28, 2026. revisor.mo.gov
  17. Reporters Committee for Freedom of the Press, Reporter's Recording Guide (introduction and state list), checked October 28, 2026. rcfp.org
  18. California and Nevada statute text read on public.law because the official sites blocked automated reading; citations are to the official codes.

Turn the hours this takes into minutes of talking.

Owners spend about 11 to 16 hours/week on admin, and a lead reached within an hour is nearly 7 times more likely to turn into a real conversation (HBR). Knowing what to do is the easy part; the money leaks out in the calls you can't take, the follow-ups nobody sends and the invoices that sit unpaid. Unmanually is a 24/7 AI Office Manager for your business that you run by voice from your phone:

  • Answers your business line 24/7, quotes from your price list and books the job on the live call, so the customer doesn't ring the next company on Google.
  • Sends the quote, follows up until they say yes, then sends the invoice and chases it until it's paid.
  • Texts confirmations and reminders, keeps your calendar and remembers every price and promise.
  • Plus a free website for your business, set up for you. On a plan, every form fill gets a call back from your AI Office Manager in about a minute.

Sources: admin hours, Time etc / Censuswide 2023 and Amex SME Barometer 2026; speed to lead, HBR audit of 2,241 US companies (2011).

Hear the AI answer and book a job on your own phone

Unmanually is an AI Office Manager that works 24/7 and that you run by voice from your phone. Leave your mobile number and the AI Office Manager calls you right away, the same way it would call back one of your customers. That call is the demo: it answers, books you a 15-minute time with the founder and follows up.

We use your details only to call you and follow up about Unmanually. Unsubscribe any time.

Two ways to start today

Pick the one that fits where your business is right now.

Most owners pick
Growth plan

$99/month

Your AI Office Manager calls back every lead, books the job and runs your office 24/7, so hours of admin become minutes of talking.

Start Growth
or
Free forever
Free website

$0, no credit card

A website for your business that makes your phone ring, built in 60 seconds. Add the Growth plan whenever you are ready.

Get my free website

Compare all plans

Never miss a job call again. Hear the AI answer and book one.Hear it