One-party consent vs all-party consent
Federal law (18 U.S.C. § 2511) allows recording a phone call when at least one person on the call agrees. That’s called one-party consent. If you’re on the call and you agree, that’s enough under federal law.
States can be stricter. In all-party consent states (often called two-party consent states), everyone on the call has to agree. On a call with three people, that means all three.
In some states, consent can be implied: if everyone was clearly told the call is being recorded and they keep talking, that can count. That’s why a short announcement at the start of the call is so useful.
States that generally require everyone’s consent
The rules below are summarized from Justia’s 50-state survey of recording laws (last reviewed September 2024) and the Digital Media Law Project’s guide. Each state has exceptions, so read this as a starting point.
| State | Rule for recording phone calls |
|---|---|
| California | All-party consent. The California Supreme Court has applied it to calls between California and a one-party state. |
| Florida | All-party consent. |
| Illinois | Generally all-party consent for private conversations. |
| Maryland | All-party consent. |
| Massachusetts | All-party. The law bans secret recordings. |
| Montana | Everyone must know the call is being recorded. |
| New Hampshire | All-party consent. |
| Pennsylvania | All-party consent. |
| Washington | Generally all-party consent. |
| Connecticut | One-party for criminal law, but recording a phone call without everyone’s consent can lead to a civil lawsuit. |
| Nevada | Phone calls need all-party consent (in-person conversations are one-party). |
Justia also flags Delaware and Michigan as unclear: Delaware is arguably all-party, and Michigan’s law reads as all-party but courts have said it doesn’t apply to people taking part in the conversation. Most other states are one-party for phone calls, with details that vary. Vermont, for example, has no clear statute.
Calls across state lines
When you and the caller are in different states, it isn’t always clear which law applies. The Digital Media Law Project’s advice is to play it safe and get everyone’s consent when people on the call are in more than one state.
In practice, if you take calls from the public, you rarely know where the caller is. Treat every call as if the strictest rule applies.
How to get consent the simple way
- Say it at the very start: “Just so you know, this call is recorded.”
- If the caller objects, stop recording or end the call and call back without recording.
- Never record a call you’re not part of. That is almost always illegal without consent from someone on the call.
- Keep recordings only as long as you need them, and delete them when you’re done.
- Don’t share a recording beyond what the caller would expect, such as with your team or for a dispute.
Good habits for businesses that record
Tell your team which lines are recorded and why. Mention it in your booking confirmations or on your website, so customers aren’t surprised. Use recordings for what you said you would, such as checking job details or settling a dispute, and not for anything else.
If a caller asks you to stop recording, stop. Being easy about it keeps trust, and it keeps you on the right side of the strictest state rules.
How call recording works on 2Line.AI
Recording is off until you turn it on, line by line. When it’s on, a short spoken announcement plays so both people hear that the call is recorded before the conversation goes on.
Each recording comes with a transcript and an AI summary. You can trim, share or delete it from the call’s page. Recording adds 7 credits a minute to the call, including the transcript. The AI summary is 1 credit per call and can be turned off in Settings.
This isn’t legal advice
This guide is general information, not legal advice. Laws change, they have exceptions, and how they apply depends on your situation. If recording matters to your business, read your state’s statute or ask a lawyer licensed there.
Sources (checked October 2026): Justia: Recording phone calls and conversations, 50-state survey; Digital Media Law Project: Recording phone calls and conversations; 18 U.S.C. § 2511 (Justia).