Recording consent laws by state
Last reviewed:
Each state sets its own rule for recording a conversation. Some let one participant consent for everyone, some require every participant to agree, and some apply the all-party rule only in certain conditions, such as when a conversation is private. This guide quotes each rule from the state's official statute website, separately for in-person conversations and phone calls.
General information, not legal advice. Laws change; consult an attorney about your situation.
Recording consent rules by jurisdiction
| Jurisdiction | In person | Phone calls | Statute |
|---|---|---|---|
| California | Depends: All-party consent when the conversation is confidential, as defined in § 632(c) | Depends: All-party consent when the call involves a cellular or cordless phone; a call between landlines is covered when it is confidential, as defined in § 632(c) | Cal. Penal Code § 632(a); Cal. Penal Code § 632.7(a) |
| Florida | Depends: All-party consent when the speaker expects the conversation is not being intercepted and the circumstances justify that expectation, as defined in § 934.02(2) | All-party consent | Fla. Stat. § 934.03(2)(d) |
| Illinois | Depends: All-party consent when the conversation is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1 | Depends: All-party consent when the call is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1 | 720 ILCS 5/14-2(a)(2) |
| Maryland | Depends: All-party consent when the conversation is private, as defined in § 10-401(13) | All-party consent | Md. Code, Cts. & Jud. Proc. § 10-402(c)(3) |
| Massachusetts | Depends: All-party consent when the recording is made secretly, as defined in § 99 B.4 | Depends: All-party consent when the recording is made secretly, as defined in § 99 B.4 | Mass. Gen. Laws ch. 272, § 99 C.1 |
| New York | One-party consent | One-party consent | N.Y. Penal Law § 250.00(2); N.Y. Penal Law § 250.00(1) |
| Pennsylvania | Depends: All-party consent when the speaker expects the conversation is not being intercepted and the circumstances justify that expectation, as defined in 18 Pa.C.S. § 5702 | All-party consent | 18 Pa.C.S. § 5704(4) |
| Texas | One-party consent | One-party consent | Tex. Penal Code § 16.02(c)(4)(A) |
| Washington | Depends: All-party consent when the conversation is private | Depends: All-party consent when the call is a private communication | RCW 9.73.030(1) |
How to read this guide
- One-party consent: the statute lets one participant in the conversation consent to the recording.
- All-party consent: the statute requires every participant to agree.
- Depends: the all-party rule applies only when a stated condition holds, such as a private or confidential conversation. The condition is shown next to it.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app
General information, not legal advice. Laws change; consult an attorney about your situation.