Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026
The legality of recording phone calls depends entirely on where you are and where the other person is. Some states only require one party's consent (which can be you), while others require everyone on the call to agree. Recording illegally can lead to criminal charges, civil lawsuits, and having the recording thrown out as evidence.
In roughly 38 states, you can legally record a conversation as long as you're a participant. You don't need to tell the other person. This includes phone calls, in-person conversations, and video calls.
About 12 states (including California, Florida, Illinois, and Pennsylvania) require all parties to consent to being recorded. Recording without everyone's knowledge in these states can be a felony.
If you're in a one-party state calling someone in an all-party state, the safer approach is to follow the stricter law. Courts disagree on which state's law applies, so caution is your best strategy.
Under federal law, recording is legal as long as one party consents. But state laws can be stricter than federal law, and the stricter law controls within that state.
Many companies record calls for "quality assurance" and inform you at the beginning. If they tell you the call is being recorded, that's generally considered implied consent for you to record as well — but check your state's specific rules.
More on this topic: the Crime & Police hub
This shows whether your state lets you record a phone call or conversation with just your own consent, or requires everyone being recorded to agree first. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."
General information, not legal advice. Rules change and exceptions apply — confirm the current rule with the cited source for your state.
NotALawyer.com provides general legal information, not legal advice.