District of Columbia recording consent laws
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
District of Columbia law uses the same rule for recording in-person conversations and phone calls.
- In person: One-party consent.
- Phone calls: One-party consent.
In-person conversations: One-party consent
It is not unlawful under the section for a person not acting under color of law to intercept a wire or oral communication if that person is a party to the communication or one of the parties has given prior consent, unless the communication is intercepted for the purpose of committing any criminal, tortious, or other injurious act.
(3) a person not acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception, unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States, any State, or the District of Columbia, or for the purpose of committing any other injurious act.
Phone calls: One-party consent
Under District of Columbia law, it is not unlawful for a person not acting under color of law to intercept a wire or oral communication if that person is a party to the communication or one of the parties has given prior consent, unless the communication is intercepted to commit a criminal, tortious, or other injurious act.
The same statute text quoted above applies (D.C. Code § 23-542(b)(3)).
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: One-party consent.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: One-party consent.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: One-party consent.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes District of Columbia law only; the guide's index lists the other jurisdictions it covers.
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