Call Recording Laws: One-Party vs All-Party Consent States (2026)

This is general information, not legal advice. State laws change and some have nuances that matter for specific situations. The state lists below follow the Reporters Committee for Freedom of the Press recording guide, checked September 2026. Talk to a lawyer for anything consequential.

If your business records phone calls, whether for training, quality, disputes, or because your phone system or answering service transcribes them, the rule you need to know is consent. Whose consent do you need to record a call? It depends on the state.

Federal law: one-party consent

Federal law allows a call to be recorded as long as at least one party to the conversation consents (18 U.S.C. §§ 2510–2511). If you're on the call and you agree to record it, federal law is satisfied. Most states follow the same one-party rule. The states that don't are where businesses get caught out.

All-party consent states for phone calls

These states require the consent of everyone on the call before it's recorded:

• California
• Connecticut (all-party for phone calls, one-party for in-person conversations)
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan (at least for recordings made by someone not participating in the conversation)
• Montana
• Nevada (all-party for phone calls, one-party for in-person conversations)
• New Hampshire
• Pennsylvania
• Washington

The exceptions most lists get wrong

Oregon is often listed as a two-party state. According to the RCFP guide, Oregon requires all parties' consent for in-person conversations but only one party's consent for phone calls. Missouri follows the same pattern.

Connecticut and Nevada are the reverse: all-party consent for phone calls, one-party for in-person conversations.

Hawaii and Maine require all-party consent only in particular private settings rather than across the board.

What about calls between states?

When a caller in an all-party state talks to a business in a one-party state, which law applies is not always clear. The RCFP's advice is to err on the side of caution and assume the stricter state's law applies. For a business taking calls from anywhere, that effectively means treating every call as all-party.

How businesses handle this in practice

The simplest compliant approach is to tell every caller at the start: "This call may be recorded for quality and training." Callers who continue after the notice are generally treated as consenting, which covers you regardless of which state they're in. It's one line in your greeting.

1. Announce recording at the start of every call, including calls handled by an answering service or AI.
2. Offer an alternative for callers who object, such as a callback on an unrecorded line or email.
3. Limit access to recordings and transcripts to the people who need them.
4. Set a retention period and delete recordings you no longer need.
5. Check sector rules. Healthcare, finance and legal work carry additional obligations; in healthcare, recordings containing patient information are protected health information and any vendor handling them should sign a business associate agreement. See our HIPAA-compliant answering service guide.

AI answering services and recording

AI answering services, including AutomateNexus Voice, transcribe calls so you have a record of every conversation. Because the greeting is yours to write in plain English, adding a recording notice is a one-line edit to your script. AutomateNexus Voice is SOC 2 Type II and signs a BAA for healthcare customers. See features for what's logged on each call.

Recording notice scripts you can use

Keep it short and put it at the very start, before anything substantive is said:

• "Thanks for calling Riverside Dental. This call may be recorded for quality and training."
• "Hi, you've reached Northside HVAC. Calls are recorded so we can get your details right. How can we help?"
• "This call is recorded and transcribed. If you'd prefer not to be recorded, let us know and we'll arrange a callback."

The last version is the most explicit: it tells the caller how to opt out, which is the cleanest way to respect callers in all-party states.

Recording vs transcription

Some systems keep an audio recording; others transcribe the call and keep only the text; many keep both. From a consent standpoint, treat transcription the same way as recording: if the system captures what the caller says, give the notice. A transcript can contain just as much personal information as audio.

Outbound calls need a notice too

Consent rules apply whichever direction the call goes. If your team or an automated system calls customers back and those calls are recorded, the same notice belongs at the start of the outbound call.

Recording your own employees

Recording calls for quality monitoring involves your staff as well as your callers. Tell employees in writing that business calls are recorded and why, and put it in your policies. Some states have additional rules for employee monitoring, which is another reason to get specific advice if recording is central to how you operate.

Keep recordings only as long as you need them

Recordings are useful for resolving disputes and training, and a liability if they sit forever. Pick a retention period that fits your reason for recording, restrict who can access the archive, and delete on schedule. In regulated sectors, your retention obligations may be set for you, so check before deleting.

Frequently asked questions

Is it legal to record a phone call without telling the other person?

Under federal law and in most states, yes, if you are a party to the call. In all-party consent states such as California, Florida, Illinois, Pennsylvania and Washington, everyone on the call must consent.

Is Oregon a two-party consent state?

For phone calls, no. According to the Reporters Committee for Freedom of the Press, Oregon requires all-party consent for in-person conversations but only one-party consent for phone calls.

What counts as consent?

Businesses commonly rely on a notice at the start of the call, such as "this call may be recorded," with the caller continuing afterwards. Requirements vary, so confirm with a lawyer for your situation.

Which law applies to a call between two states?

It isn't always settled. The safest approach is to follow the stricter state's rule, which for most businesses means notifying every caller.