Every state has different laws when it comes to recording telephone conversations. Some states require that both/all parties consent to being recorded. Other states only require one party to consent to a recording. Here are some scenarios:
A) All parties live in an all-party-consent state: All callers and parties being called have to be aware that the phone call is being recorded
B) All parties live in a one-party-consent state: Only one party, whether it be the caller or the recipient of the phone call, need be aware that the call is being recorded
C) One party lives in an all-party-consent state and one party lives in a one-party-consent state: Both parties must by which ever state has the more strict laws. It is advisable that the party recording get consent from the party they're calling
This is the list of states that only require one party to have consent to a recording:
Alaska | Kentucky | New York | Texas |
Arkansas | Louisiana | North Carolina | Utah |
Colorado | Maine | North Dakota | Vermont |
District of Columbia | Minnesota | Ohio | Virginia |
Georgia | Mississippi | Oklahoma | West Virginia |
Hawaii | Missouri | Oregon | Wisconsin |
Idaho | Nebraska | Rhode Island | Wyoming |
Indiana | Nevada | South Carolina | |
Iowa | New Jersey | South Dakota | |
Kansas | New Mexico | Tennessee |
This is the list of states that require both parties to consent to a recording:
California*
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
New Hampshire
Pennsylvania
Washington
*California allows all-party-consent to be voided, and one-party-consent to become law-abiding, only if conversations about illegal activities are being recordeds