Is It Illegal to Record a Phone Call Without Consent?
One-party vs. two-party consent, explained state by state. Here is what actually determines whether recording a call is legal.
This is one of the most searched is-it-illegal-to questions, and for good reason: the answer genuinely depends on where you are. Recording laws in the U.S. split states into two camps, and getting it wrong can carry real consequences, including criminal charges in some states.
The two basic rules
Most states are one-party consent states, meaning as long as one person on the call (which can be you) knows the call is being recorded, it is generally legal. A smaller group of states, commonly including California, Florida, Illinois, Pennsylvania, and Washington, among others, are two-party (or all-party) consent states, meaning every participant must agree before a call can be legally recorded.
Which rule applies to you
The rule that applies is generally based on where you, the recorder, are located when you record, but if you are recording someone in a two-party consent state while you are in a one-party state, things can get more complicated. Federal wiretap law generally follows the one-party rule for calls, but individual states can and do set stricter rules, and state law usually controls in practice.
Why this matters beyond just getting in trouble
Beyond potential criminal exposure, an illegally recorded call is often inadmissible as evidence, meaning even if you recorded something important, a two-party consent violation could mean you cannot actually use that recording later, for example in a dispute or a court proceeding.
What to do if you are not sure
Before recording any call for a purpose that matters, such as documenting harassment, a business dispute, or something you might need as evidence, confirm your specific state's rule, or talk to someone who can. Assuming the more permissive one-party rule applies everywhere is a common and risky mistake.
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