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New York 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 York 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

Mechanical overhearing of a conversation is defined as the intentional overhearing or recording of a conversation or discussion by a person not present, using any instrument, device, or equipment, without the consent of at least one party.

2. "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment.

N.Y. Penal Law § 250.00(2) (official text)

Phone calls: One-party consent

Under New York law, wiretapping means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver, without the consent of either the sender or receiver, by means of any instrument, device, or equipment.

1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment.

N.Y. Penal Law § 250.00(1) (official text)

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 New York law only; the guide's index lists the other jurisdictions it covers.

See every jurisdiction in this guide

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

Frequently Asked Questions

Does New York law require one-party or all-party consent to record an in-person conversation?

One-party consent. Mechanical overhearing of a conversation is defined as the intentional overhearing or recording of a conversation or discussion by a person not present, using any instrument, device, or equipment, without the consent of at least one party. Source: N.Y. Penal Law § 250.00(2).

Does New York law require one-party or all-party consent to record a phone call?

One-party consent. Under New York law, wiretapping means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver, without the consent of either the sender or receiver, by means of any instrument, device, or equipment. Source: N.Y. Penal Law § 250.00(1).

When was this page last reviewed?

The statute text on this page was last checked against the official source on October 28, 2026.

How does the Itero app handle recording 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.

General information, not legal advice. Laws change; consult an attorney about your situation.