New Hampshire 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
New Hampshire law uses different rules for recording in-person conversations and phone calls.
- In person: Depends: All-party consent when the speaker has a reasonable expectation that the conversation is not subject to interception, as defined in RSA 570-A:1, II.
- Phone calls: All-party consent.
In-person conversations: Depends: All-party consent when the speaker has a reasonable expectation that the conversation is not subject to interception, as defined in RSA 570-A:1, II
For an oral communication, which the statute defines as any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception under circumstances justifying such expectation, or a telecommunication, a person commits a class B felony by wilfully intercepting, endeavoring to intercept, or procuring another person to intercept or endeavor to intercept the communication without the consent of all parties to the communication, except as otherwise specifically provided in the chapter.
I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person:
(a) Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication;
Phone calls: All-party consent
Under New Hampshire law, a person commits a class B felony by wilfully intercepting, endeavoring to intercept, or procuring another person to intercept or endeavor to intercept any telecommunication or oral communication without the consent of all parties to the communication, except as otherwise specifically provided in the chapter.
The same statute text quoted above applies (N.H. Rev. Stat. § 570-A:2, I).
Definitions the rules rely on
“oral communication”
Under this section, "oral communication" means any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation.
II. "Oral communication" means any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation.
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 speaker has a reasonable expectation that the conversation is not subject to interception, as defined in RSA 570-A:1, II. 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 speaker has a reasonable expectation that the conversation is not subject to interception, as defined in RSA 570-A:1, II. 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 New Hampshire 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