Compliance

Call Recording Laws by State: Two-Party Consent List (2026)

Federal law lets you record a call if one party consents, and most states follow that rule. Thirteen states need all-party consent for at least some phone recordings: California, Connecticut (civil), Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan (unsettled), Montana, Nevada, New Hampshire, Pennsylvania, and Washington. When a call crosses states, follow the stricter one. This is general information, not legal advice.

Thirteen states in our table need every party's consent for at least some phone recordings: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Three are not clean: Connecticut is all-party for civil liability but one-party for the criminal law, Delaware has conflicting statutes, and Michigan courts disagree. For those, the safe move is to treat the call as all-party.

General information, not legal advice. Laws change and have exceptions. Confirm with a qualified attorney before you record.
StateRule for phone callsStatuteSource
Californiaall parties, confidential calls (cellular calls: all parties)Cal. Penal Code 632RCFP guide
Connecticutcivil: all parties for phone calls; criminal: one partyConn. Gen. Stat. 52-570d; 53a-187, -189RCFP guide
Delawareconflicting statutes, follow the stricter (all-party) ruleDel. Code tit. 11, 1335(a)(4); 2402(c)(4)RCFP guide
Floridaall partiesFla. Stat. 934.03(2)(d)RCFP guide
Illinoisall parties720 ILCS 5/14-1, 14-2RCFP guide
Marylandall partiesMd. Code, Cts. and Jud. Proc. 10-402(c)(3)RCFP guide
Massachusettsall partiesMass. Gen. Laws ch. 272, 99(C)RCFP guide
Michiganunsettled: courts disagree whether a participant may record, follow the stricter ruleMich. Comp. Laws 750.539cRCFP guide
Montanaall partiesMont. Code 45-8-213(1)(c)RCFP guide
Nevadaall parties (applies to cellphone calls)Nev. Rev. Stat. 200.620RCFP guide
New Hampshireall partiesN.H. Rev. Stat. 570-A:2RCFP guide
Pennsylvaniaall parties18 Pa. Cons. Stat. 5703, 5704(4)RCFP guide
Washingtonall parties (a recorded announcement counts as consent)Wash. Rev. Code 9.73.030RCFP guide

These states and DC allow you to record a call you are on, or one where a party consents: Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.

A few carry notes. Vermont has no specific recording statute, so the federal one-party rule applies. New Mexico and North Dakota statutes are written around wired lines, and a journalist guide says courts have not settled cellphones, so be careful there. Hawaii and Oregon are one-party for phone calls but have rules for recording in private places or in-person talks.

What does federal law say?

Federal law lets a party to a call, or someone with one party's consent, record it unless it is for a criminal or tortious purpose. That is the one-party rule in 18 U.S.C. 2511(2)(d). States can set a stricter rule, which is why the list above matters.

What is the rule of thumb for calls between states?

Follow the stricter state. Cold calls often cross state lines, and it can be unclear which state's law a court would apply. If either end is in an all-party state, get consent from everyone, or do not record. Many callers simply say at the start that the call may be recorded, which produces consent from a person who stays on the line, but whether that works in a given state is a question for your attorney.

What does this mean for cold calling teams?

Decide your recording and disclosure policy once, by the strictest state you call. Recording is how you coach, resolve disputes, and prove what was said, so most teams keep it and add a disclosure. Call Savvys plans include call recordings and human QA on every call, so you can hear the work yourself. Read DNC and TCPA rules, is cold calling legal, and questions to ask before hiring.

Sources

Sources, all checked November 2, 2026.

We checked all 50 states and DC against the RCFP state pages on November 2, 2026. We did not re-read each statute at the legislature. Treat the table as a starting point.

Frequently asked questions

California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington are all-party for phone calls. Connecticut is all-party for civil liability, and Michigan courts disagree, so treat both as all-party.
Yes if you are a party to the call or one party consents, unless the recording is for a criminal or tortious purpose (18 U.S.C. 2511(2)(d)).
Follow the stricter of the two states. If either party is in an all-party state, get everyone's consent or do not record.
In all-party states you need consent, which a disclosure at the start of the call commonly provides. Whether it is enough in a given state is a question for your attorney.
No. It is general information with sources, and laws change. Confirm with a qualified attorney.

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