Is It Illegal to Record Someone Without Permission?

You’re on a call. Someone says something that might matter later. Your thumb hovers over record. Most people assume recording without asking is illegal. Most people are wrong — at least in the state they’re calling from. The problem isn’t the law. The problem is there are 51 of them, and they interact in ways that catch people off guard.

The Federal Rule

The starting point is 18 U.S.C. § 2511(2)(d) — part of the Federal Wiretap Act. The core: recording is legal if at least one participant consents. That participant can be you. This is one-party consent. But federal law is a floor. States can go higher. And 12 of them do.

One-Party Consent States

In 38 states and Washington D.C., one-party consent is the rule. You’re a participant, you record, you’re done. Texas, Virginia, New York, Ohio, Georgia, Colorado — all one-party. Can you record someone in those states without their knowledge if you’re part of the conversation? Yes, legally.

All-Party Consent States

Twelve states require all parties to consent: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington.

California is the trickiest. Its law applies even when the recorder isn’t in California. In Kearney v. Salomon Smith Barney (2006), an Atlanta brokerage recording calls with California clients was ruled to violate California law. That’s $5,000 per recorded call in civil liability.

Florida splits: phone calls require all-party consent; in-person public settings are one-party.

Nevada: in-person is one-party; phone calls are all-party with felony exposure.

Oregon reverses that: phone calls are one-party; in-person conversations are all-party.

Illinois has penalties up to $10,000 per violation and aggressively enforces.

Recording in Public

Generally, you can record someone in a genuinely public space — streets, parks, public events — without consent. But “public” has limits: courts, government buildings, private spaces open to the public can set their own rules. Bathrooms, locker rooms, changing areas: no recording rights anywhere.

Recording at Work

Workplace conversations fall under the same state laws. Two additional layers: Dodd-Frank requires financial firms to record certain client communications. HIPAA adds protections for healthcare conversations. In one-party states, employers can secretly record employees in most cases. In all-party states, they cannot, unless you’ve been notified via employment agreement or posted policy.

If Someone Recorded You Without Permission

In all-party consent states, that’s a civil claim. In Delaware, it’s a felony. In California and Illinois, statutory damages per recording are high enough that a pattern becomes a class action target. You can sue in all-party states, and in any state if the recording was made somewhere with a reasonable expectation of privacy — your home, private office, medical setting.

The One Sentence That Covers Every Scenario

“This call may be recorded.”

Say it before the conversation starts. That’s all. No form, no signature, no legal jargon. If the other person continues talking, consent is implied in virtually every US jurisdiction. Inconvenient for casual calls. Worth it for anything where the content might matter later.

General information, not legal advice. Recording laws vary by state and change over time. For your specific situation, consult a licensed attorney.