Maine 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
Maine 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
Under the section, "intercept" means hearing, recording or aiding another to hear or record the contents of any wire or oral communication through the use of an intercepting device by anyone other than the sender or receiver, a person within the range of normal unaided hearing or subnormal hearing corrected to not better than normal, or a person given prior authority by the sender or receiver.
4. Intercept. "Intercept" means to hear, record or aid another to hear or record the contents of any wire or oral communication through the use of any intercepting device by any person other than:
A. The sender or receiver of that communication; [PL 1979, c. 701, §11 (AMD).]
B. A person within the range of normal unaided hearing or subnormal hearing corrected to not better than normal; or [PL 1973, c. 561 (NEW).]
C. A person given prior authority by the sender or receiver.
Phone calls: One-party consent
Under the section, "intercept" means hearing, recording or aiding another to hear or record the contents of any wire or oral communication through the use of an intercepting device by any person other than the sender or receiver of that communication, a person within the range of normal unaided hearing or subnormal hearing corrected to not better than normal, or a person given prior authority by the sender or receiver.
The same statute text quoted above applies (Me. Rev. Stat. tit. 15, § 709(4)).
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 Maine 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