We’ve all been there. You could be dealing with a landlord who keeps saying he will make repairs but never does. Or maybe you are in a critical business meeting with lots of important details that are so fast you can’t even keep up with the notes. There is a dispute with a contractor that I got into about 5 years ago. He said one thing on the phone to me then denied it the next day. I started thinking to myself; I should have hit “record,” but then it hit me.
Is it against the law to record phone calls?
I didn’t want to be the next story on the news just trying to keep my money safe. You are in the right place if you are asking yourself this. The answer in the U.S. is not that simple. Not yes or no, but where are you and who are you speaking with?
Now let’s get into the details of the legality of recording phone calls so you can keep yourself protected and not become a criminal.
Table of Contents
Overarching View: Federal and State Laws
There are federal laws in the United States, like the Electronic Communications Privacy Act (ECPA), and laws that vary on a state-by-state basis.
Consider the federal laws as the baseline. Federally, 18 U.S.C. § 2511 provides that no one can record a conversation unless they are a party to it. This is where the “one-party consent” rule comes from.
However, states can choose to impose greater restrictions. A state can choose to be more protective of privacy and impose a rule that all participants on the call must give their consent. This is why the law is so unclear and complicated when it comes to recording calls across state lines.
One-Party Consent States: The “I Consent” Club
When a state is a one-party consent state, it means that recording a call is permissible if one party (who can be you) provides consent. So, you do not have to announce that the call is being recorded, and you don’t have to ask for the other party’s permission.
Rule of Thumb for One-Party States
As a rule of thumb, a person may record a conversation if they are a party to the conversation. What is illegal is recording conversations that the person recording is not a part of, that is illegal wiretapping.
Is Ohio a one-party consent state?
Yes!
When asking about Ohio’s one-party state laws, yes, Ohio is a one-party consent state. According to Ohio Revised Code 2933.52, as long as you are a part of the conversation, you are legally allowed to record. This helped a friend in Columbus prove that a certain car dealership was calling to add “ghost fees” that they never told the customers about.
More one-party states are:
Two-Party Consent States: The “Everyone Must Know” Club
This is sort of tricky. There are 11 to 12 states that are two-party consent states (sometimes referred to as “all-party consent states”). In these states, everyone on the line must consent to the call being recorded. So, if you are in one of these states and you record a call without people on the line knowing, you are being sneaky/ and are breaking the law.
What states have all-party consent?
The states are:
If I call my cousin in Miami while I’m in a one-party state, I have to be careful. Which law prevails? Usually, it’s the strictest one. So, if you’re talking to someone in Florida, it’s best to be safe and ask if you can record it.
Is Recording Phone Calls Illegal? A Quick Reference
To make this easier to digest, I’ve put together a table so you can see where your state (or your recipient’s state) falls.
U.S. Recording Laws at a Glance
| Law Type | Requirement | Typical States |
|---|---|---|
| One-Party Consent | Only one person on the call needs to know. | OH, TX, NY, GA, NJ, VA |
| Two-Party / All-Party | Everyone on the call must give permission. | CA, FL, PA, IL, MA, WA |
| Federal Law | One-party consent is the minimum baseline. | Applies to all U.S. territories |
Common Myths and Legal Considerations
When I began my research into this, I came across many office mythology stories. Each recording law has its own particularities. Let’s address some.
Can recording conversations be used as court evidence?
It’s complicated. Recordings, as a general rule, need to be legally obtained. In the case where you are in a one-party state and recorded a conversation you were a part of, it can be included in court documents.
However, if you illegally obtained it by breaching a two-party consent rule, the judge could exclude the evidence and even hand you over to the district attorney.
Legally obtained recordings can be a total game-changer. This is a prime example of how Digital Evidence Plays a Role in Modern Criminal Defense, where a single audio file can shift the entire direction of a trial.
Is it illegal to record people in public?
This is a matter of Public Expectation of Privacy. Most recording laws consider some form of Wet Blanket recording.
As an example, if you are in the middle of a Starbucks and you are on the phone yelling, you probably don’t have a reasonable expectation of privacy. Phone calls, however, are usually considered private.
Passive Consent Trick
Have you called a bank and listened to, “This call may be recorded for quality assurance”? By continuing the call, you are giving passive consent. There is no need to verbally agree. By simply not hanging up, you are agreeing.
Criminal Intent
Even in a one-party state, is it illegal to record someone if you plan to use it for blackmail?
Yes. Federal and state laws prohibit recording any conversation with the intent to commit a criminal or tortious act. The law is a shield for protection, not a sword for extortion.
My Personal Journey: Lessons Learned the Hard Way
In California, I was assisting a family member with a workplace issue. They were considering audio recording a meeting with a manager who was engaging in some verbal abuse. California is a two-party consent state, so without mutual consent, and capturing the audio recording is illegal.
We thought about another way. Instead of recording it without the manager knowing, my family member began every meeting by saying, “I’m going to record this so I don’t miss any of your instructions.
Is that okay?” The manager’s behavior changed for the better. The recording button was the solution.
What Happens if You Break the Law?
The penalties for illegal recording of phone calls are serious:
International Comparison: How the Rest of the World Does It
Making international calls are even more confusing than those in the U.S.
Best Practices: How to Stay Legal
When there is doubt about the legality of recording conversations, most simply follow these practices:
Frequently Asked Questions
Q. Is it legal to record a conversation in a one-party state?
Yes, in one-party states like Texas and Ohio, recording a phone call or an in-person conversation is legal as long as you are one of the speakers. You also do not have to inform the other speaker. Federal law (18 U.S.C. § 2511) also protects you as long as you do not have a criminal or tortious intent.
Q. Which states require all parties’ permission to record a conversation?
Out of all 50 states, about 11 states have a requirement of two-party (all-party) consent and are likely to include California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington. In these states, it is illegal to record a private conversation without obtaining permission from the other speakers.
Q. If I record a call, what are the legal implications between two different states?
Most of the time, in calls with participants in different states, the stricter law governs. For instance, if you call a person in an all-party (two-party) consent state like California and you come from a one-party state, legal experts and courts recommend following the all-party consent law to avoid criminal or civil liability.
Q. Can a recorded phone call be used as evidence in court?
A recording is generally admissible as evidence in a lawsuit if it was obtained legally according to state and federal statutes. However, if a recording was made in violation of wiretapping or eavesdropping laws (such as recording a call you did not participate in), it is usually inadmissible and could lead to legal penalties.
Summary: Is It Illegal to Record Phone Calls?
Legally speaking, it all depends on where you are and how open you are about it.
While recording calls can be super useful, doubtful situations are not worth a trip to jail. If you’re uncertain, just ask. Better to have a recorded “yes” than a sneaky recording that can get you sued.
Authentic & Relevant Resources
For confirmation or more deep dives into other related legal resources, check out these:
