Which states require all-party consent to record?

California, Florida, Maryland and Washington are the all-party states whose statutes we could read directly. In each, a participant who records a private conversation or call without the agreement of everyone on it can commit an offense. A count from the Reporters Committee for Freedom of the Press puts the number of states that primarily require all-party consent at about 11 ¹. We could not open the current statute text for every state on that count, so we name only the four we could check.

Four states have statutes that require all participants to consent

California's Penal Code 632 punishes a person who intentionally records a confidential communication without the consent of all parties ². Florida makes interception lawful when all of the parties have given prior consent ³. Maryland's exception that lets a party record applies only where all of the parties have given prior consent ⁴. Washington makes it unlawful to record a private communication by device without first obtaining the consent of all the participants ⁵.

The wording differs, but the practical test is the same. Get a clear yes from every person before the recording starts. Our full guide to recording consent laws sets out the statutes side by side.

Some states use a different test, which is why lists disagree

A state's rule may depend on the type of communication, the way it was recorded, or the notice that was given. Three examples from the statutes we read show how a headline list can mislead.

Connecticut allows a phone call to be recorded without all-party consent if the recording party gives a verbal notification at the start that is itself recorded and part of the call ⁶. That route lets a call be recorded without every participant's consent.

Oregon applies a different test to a conversation obtained by device. The statute makes it an offense to obtain a conversation by device when not all participants have been specifically informed that the conversation is being obtained ⁷.

Delaware's interception statute allows a person to intercept a communication when the person is a party to it, or when one of the parties has given prior consent ⁸. Read the current code before you rely on that reading.

The federal floor is one-party consent

The federal Wiretap Act says it is not unlawful for a person not acting under color of law to intercept a communication when the person is a party to it, or when one party has given prior consent ⁹. A state may set a stricter rule, which is why the states above matter. Federal law does not make an all-party rule the default.

States we could not check are not confirmed here

We could not open the current statute text for Illinois, Massachusetts, Michigan, Montana, Nevada, New Hampshire or Pennsylvania while writing this page, so we have not placed them on either side. Treat any list that does not link to the statute text as a starting point only.

What to do before you record in any of these states

1. Find out where each person is. The state of each participant can matter, not only your own.
2. If anyone is in an all-party state, meet the stricter rule for the whole call, including people who dial in late.
3. Announce the recording at the start, and name everyone who will hear it.
4. Record each person's agreement as part of the call, so the consent is on the recording.
5. Stop if anyone objects.

A call that crosses a state line raises a further question, which is covered in our question on which law applies to a call across state lines. For the definitions, see the all-party consent glossary entry and the one-party consent glossary entry. This page is general information, not legal advice. For a specific recording, check the current statute or ask a lawyer in the state concerned.