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Call recording and transcription laws by state

Recording a phone call is legal in some states with one person's consent; in others the rule is stricter, and everyone may need to consent, be warned, or know about it. This page lists each state with its statute, and what to do about transcription. General information, not legal advice.

Updated October 21, 2026The DialBreeze journalPrices read on vendor pages October 21, 2026

The short version

Federal law, under the Wiretap Act, generally lets a private person who is a party to a communication, or who has prior consent from one party, intercept and record it (18 U.S.C. 2511(2)(d)), unless the interception is made for the purpose of committing a criminal or tortious act in violation of federal or state law. States can be stricter. Most have one-party rules. A smaller group has stricter or mixed recording rules: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Washington. Their tests are not the same: some require everyone's consent, some require everyone to be warned or to know, and more than one is genuinely disputed. DialBreeze's conservative operating policy is to treat every state in that group as all-party whatever the exact test, so that is how we run, not a statement of what the law requires in each one.

If you are not sure where someone is, many businesses assume the stricter rule and tell them at the start of the call. This is general information, not legal advice. Ask your own lawyer about your campaign.

Does live transcription count as recording?

Recording laws are written around intercepting or recording a communication. Federal law defines interception as the aural or other acquisition of the contents of a communication through a device (18 U.S.C. 2510(4)), and a live transcript is a written record of what was said, so a lawyer could argue live speech-to-text falls under the same rules, in particular in all-party states. Illinois law also addresses transcription of electronic communications, though that does not conclusively settle live speech-to-text of an ordinary voice call. There is no uniform 50-state rule and no definitive state-by-state resolution for live speech-to-text alone, but Montana expressly addresses warning the parties about transcription or recording, and the federal definition of interception supports treating live transcription as potentially covered. The careful approach is to treat recording and transcription the same way: give the same notice and ask for the same consent for both.

That is how DialBreeze treats it, and it is also the practical position: DialBreeze records the audio and transcribes it together when the linked recording and transcription setting is on, so the ordinary recording laws above apply whether or not live transcription would be treated as a separate interception. The acknowledgment you accept when you turn it on reads: “By turning on Breeze mode, you confirm that you have permission to contact the people on your lists, and your calls will be recorded and transcribed. You are responsible for any notice or consent that recording or transcription requires under applicable local law.”

How to disclose

Many businesses make a short statement at the start of the call, before anything substantive is said, for example: "This call is being recorded and transcribed. Do I have your permission?" Because recording begins as soon as a call connects when that setting is on, the statement belongs in your opening script. Where consent is refused or unclear, many businesses do not continue recording or transcribing, and end the call instead. An opening question does not replace consent that the law requires before recording begins: because the linked setting records from the moment a call connects, where prior consent is required, get it before connecting with the setting on, or do not use the setting on that call. Notification alone is not a substitute for consent everywhere, silence is not agreement everywhere, and a note that a person was told does not by itself establish consent; if you need consent, keep evidence of the consent you actually got, or keep the statutory notice your state allows. Your lawyer can give you wording that fits your state and your industry.

DialBreeze does not play this notice for you. Say it yourself at the start of the call, or in your opening script. DialBreeze also has no separate recording-only control to switch mid-call, so if the person objects, the reliable move is to end the call.

All 50 states and D.C.

This table is based on the September 2024 Justia 50-state survey and the statutes it names, not on a fresh 2026 review of every statute and case. Where the survey and a statute differ, the statute governs. Laws change; check the statute before you rely on it. Where a state has a separate rule for in-person conversations, only the phone rule is shown.

StateRule for phone callsStatute (Justia)Note
AlabamaOne-partyCode of Alabama Section 13A-11-30
AlaskaOne-partyAlaska Statutes Section 42.20.310
ArizonaOne-partyArizona Revised Statutes Section 13-3005
ArkansasOne-partyArkansas Code Section 5-60-120
CaliforniaAll-partyCalifornia Penal Code Section 632Section 632.7 separately covers calls involving cellular or cordless phones.
ColoradoOne-partyColorado Code Section 18-9-303
ConnecticutMixedConn. Gen. Stat. Section 53a-189; Conn. Gen. Stat. Section 52-570dCriminal law is one-party, but recording a phone call without everyone's consent can bring civil liability under Section 52-570d. Treat as all-party. The civil statute accepts any of three routes: consent of all parties in writing or obtained at the start of the recording; a verbal notification recorded at the beginning and made part of the communication; or an automatic warning tone repeated about every 15 seconds.
DelawareMixed11 Del. Code Section 1335(a)(4); 11 Del. Code Section 2402(c)(4)The statutes conflict: Section 1335(a)(4) reads all-party, while Section 2402(c)(4) allows a party, or someone with one party's prior consent, to intercept. In U.S. v. Vespe (D. Del. 1975), a federal district court read the law as one-party for a person recording their own call; that is a federal district court interpretation, not a Delaware Supreme Court ruling. Ambiguous. Treat as all-party.
District of ColumbiaOne-partyD.C. Code 23-542
FloridaAll-partyFlorida Statutes Section 934.03
GeorgiaOne-partyGeorgia Code Section 16-11-62Main law is one-party; a separate law applies to private places.
HawaiiOne-partyHaw. Rev. Stat. 803-42Main law is one-party; a separate law applies to private places.
IdahoOne-partyIdaho Code Section 18-6702
IllinoisAll-party720 Illinois Compiled Statutes Section 5/14-2Generally all-party.
IndianaOne-partyIndiana Code Section 35-33.5-5-5One-party for phone calls; in-person rules differ.
IowaOne-partyIowa Code Section 808B.2
KansasOne-partyKansas Statutes Section 21-6101
KentuckyOne-partyKentucky Revised Statutes Section 526.020
LouisianaOne-partyLouisiana Revised Statutes Section 15:1303Main law is one-party; a separate law applies to private places.
MaineOne-party15 Me. Rev. Stat. 710Main law is one-party; a separate law applies to private places.
MarylandAll-partyMaryland Courts & Judicial Proceedings Code Section 10-402
MassachusettsAll-partyMassachusetts General Laws Chapter 272 Section 99
MichiganDisputedMichigan Compiled Laws Section 750.539cStatute text covers eavesdropping without all parties' consent, but a participant exception has been recognized by the Michigan Court of Appeals in Sullivan v. Gray (1982) and by the Sixth Circuit in Fisher v. Perron (2022), and a federal district court applied it in AFT Michigan v. Project Veritas (2026). The Michigan Supreme Court has not resolved the question. Disputed. Treat as all-party.
MinnesotaOne-partyMinnesota Statutes Section 626A.02
MississippiOne-partyMississippi Code Section 41-29-531
MissouriOne-partyMissouri Revised Statutes Section 542.402One-party for phone calls; in-person rules differ. Whether the statute reaches cellphone-to-cellphone calls is not fully settled.
MontanaAll-partyMontana Code Section 45-8-213Montana's rule turns on the parties' knowledge of the recording, and a warning to all parties satisfies the relevant exception under Section 45-8-213(2)(a)(iii); affirmative consent is not the statutory test. Section 45-8-213(2)(a)(iii) expressly refers to warning the parties about the transcription or recording.
NebraskaOne-partyNebraska Revised Statutes Section 86-290
NevadaAll-party (phone)Nevada Revised Statutes Section 200.620Phone calls need all-party consent (Lane v. Allstate; Sharpe v. Nevada); in-person conversations are one-party. The statutory one-party exception is narrow and mainly covers emergency and law-enforcement situations.
New HampshireAll-partyNew Hampshire Revised Statutes Section 570-A:2
New JerseyOne-partyNew Jersey Revised Statutes Section 2A:156A-3
New MexicoOne-partyNew Mexico Statutes Section 30-12-1One-party for phone calls; in-person rules differ. Whether the statute reaches cellphone-to-cellphone calls is not fully settled.
New YorkOne-partyNew York Penal Law Section 250.05
North CarolinaOne-partyNorth Carolina General Statutes Section 15A-287
North DakotaOne-partyNorth Dakota Century Code Section 12.1-15-02Whether the statute reaches cellphone-to-cellphone calls is not fully settled.
OhioOne-partyOhio Revised Code Section 2933.52
OklahomaOne-partyOklahoma Statutes Section 13-176.3
OregonOne-party (phone)Oregon Revised Statutes Section 165.540One-party for phone calls and texts; for in-person conversations all participants must be informed. The 2023 Ninth Circuit panel opinion was vacated, and the January 2025 en banc decision upheld the in-person notice provision, so do not rely on the vacated panel ruling.
PennsylvaniaAll-party18 Pennsylvania Consolidated Statutes Section 5703
Rhode IslandOne-partyRhode Island General Laws Section 11-35-21
South CarolinaOne-partySouth Carolina Code of Laws Section 17-30-20
South DakotaOne-partySouth Dakota Codified Laws Section 23A-35A-20
TennesseeOne-partyTennessee Code Section 39-13-601
TexasOne-partyTexas Penal Code Section 16.02
UtahOne-partyUtah Code Section 77-23a-4
VermontUnclearNo statute cited by the sourceNo clear statutory rule; not addressed by statute.
VirginiaOne-partyCode of Virginia Section 19.2-62
WashingtonAll-partyRevised Code of Washington Section 9.73.030Generally all-party; some narrow exceptions.
West VirginiaOne-partyWest Virginia Code Section 62-1D-3
WisconsinOne-partyWis. Stat. 968.31
WyomingOne-partyWyo. Stat. 7-3-702

Sources

Justia, Recording Phone Calls and Conversations: 50-State Survey (last reviewed September 2024), and the statute links in the table, including Conn. Gen. Stat. Section 52-570d and 11 Del. Code Section 2402. Federal: 18 U.S.C. 2511 and 18 U.S.C. 2510(4). See also how DialBreeze handles compliance. This page is general information and not legal advice.

Questions.

Which states require everyone on a call to consent to recording?
California, Florida, Illinois, Maryland, Massachusetts, New Hampshire, Pennsylvania and Washington are generally listed as all-party. Connecticut, Delaware, Michigan and Montana have stricter or mixed rules with different tests (notice, a warning tone, or a disputed participant exception), and Nevada is all-party for phone calls. DialBreeze's conservative operating policy is to treat all of them as all-party. This is general information, not legal advice.
Does DialBreeze tell the people I call that I am recording?
No. DialBreeze does not play this notice for you. When the linked recording and transcription setting is on, calls are recorded and transcribed, and you are responsible for any notice or consent the law requires where you and the people you call are located. Not legal advice.
Which rule applies when the caller and the person called are in different states?
It is not settled by a simple rule, and courts have gone different ways. The cautious approach is to follow the stricter state. Ask a lawyer about your campaign.

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