Maryland 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
Maryland law uses different rules for recording in-person conversations and phone calls.
- In person: Depends: All-party consent when the conversation is private, as defined in § 10-401(13).
- Phone calls: All-party consent.
In-person conversations: Depends: All-party consent when the conversation is private, as defined in § 10-401(13)
Interception of a wire, electronic, or oral communication—defined as any conversation or words spoken in private conversation—is lawful where the intercepting person is a party to the communication and all parties have given prior consent, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or federal or Maryland law.
(3) It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State.
Phone calls: All-party consent
Interception of a wire, oral, or electronic communication is lawful where the person is a party to the communication and all parties to the communication have given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of the State.
The same statute text quoted above applies (Md. Code, Cts. & Jud. Proc. § 10-402(c)(3)).
Definitions the rules rely on
“oral communication”
Under Maryland law, “oral communication” means any conversation or words spoken to or by any person in private conversation.
(13) (i) “Oral communication” means any conversation or words spoken to or by any person in private conversation.
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: Depends: All-party consent when the conversation is private, as defined in § 10-401(13). Whether a particular conversation meets that condition depends on its circumstances.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: Depends: All-party consent when the conversation is private, as defined in § 10-401(13). Whether a particular conversation meets that condition depends on its circumstances.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: All-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 Maryland 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