Which states require every caller's consent?
Start with the federal floor. Federal law lets a person record a call they are part of, or one where a party has agreed, unless the purpose is criminal or tortious10. A business answering its own line is a party to the call, so federal law alone is easy to meet. The trouble is the states that ask for more.
We opened each state's own statute text on 3 November 2026. Seven say plainly that everyone on the call must agree, or at least know: California9, Connecticut for phone calls6, Florida1, Maryland2, Montana3, Pennsylvania4, and Washington5. Montana's rule is about hidden recording, and a warning lets either side record3.
Delaware is unclear. Its wiretap chapter allows recording when one party consents7, while its privacy statute makes it an offense to intercept a telephone message without the consent of all parties8. Treat Delaware callers as if they need to be told.
The Reporters Committee for Freedom of the Press also lists Illinois, Massachusetts, New Hampshire and Michigan as all-party states, Michigan at least when a third party records, and Nevada for phone calls11. Their official statute sites would not load for us on the check date, so those rows say unverified. They are not safe to ignore.
| Where | Law checked | What it says about recording a call | Official text opened |
|---|---|---|---|
| Federal floor | 18 U.S.C. 2511(2)(d) | One party's consent is enough, unless the purpose is criminal or tortious | Yes, via Cornell LII |
| California | Penal Code 632 | Consent of all parties to a confidential communication | Yes |
| Connecticut | General Statutes 52-570d | All parties' consent, a recorded notice at the start, or a warning tone about every 15 seconds | Yes |
| Delaware | Code title 11, 2402 and 1335 | One statute allows one-party consent; the other requires all parties' consent | Yes, both; they conflict |
| Florida | Statutes 934.03(2)(d) | All parties must give prior consent | Yes |
| Maryland | Courts and Judicial Proceedings 10-402(c)(3) | All parties must give prior consent | Yes |
| Montana | Code 45-8-213 | No hidden recording without all parties' knowledge; a warning lets either party record | Yes |
| Pennsylvania | 18 Pa.C.S. 5704(4) | All parties must give prior consent | Yes |
| Washington | RCW 9.73.030 | All participants' consent; a recorded announcement counts as consent | Yes |
| Illinois, Massachusetts, Michigan, New Hampshire, Nevada | Listed as all-party by the Reporters Committee | Treat as all-party until checked | No; the official sites would not load on 3 November 2026 |
Does a recording notice count as consent?
Usually, if callers hear it before the conversation starts and stay on the line. Three statutes say so in their own words. Washington treats consent as given when one party announces "in any reasonably effective manner" that the call is about to be recorded, and the announcement itself must be on the recording5.
Connecticut allows a recording that starts with a recorded verbal notice, or one that plays a warning tone about every fifteen seconds6. Montana's hidden-recording offense does not apply to "persons given warning" of the recording3. The Reporters Committee says consent is generally presumed when people are warned and carry on talking11. What they share is a clear notice at the top of the call.
Which state's law applies when the caller is somewhere else?
There is no single answer. The Reporters Committee notes that some courts apply the law where the recording is made and others the law where the recorded person is, so the person recorded may sue in whichever state suits them11. Its advice is to assume the stricter state's law applies11.
This matters on a business line. A Texas plumber's customers can call from a cellphone with a California number while standing in Florida. You cannot sort calls by state before you answer them, so the practical rule is to give every caller the notice, every time, whatever state your business is in.
What should the recording notice say?
Put it in the first sentence, before the caller says anything. A plain version: "Thanks for calling Rivera Plumbing. This call is recorded and transcribed. How can I help?" If an AI is answering, the same sentence can say so. Keep the wording in the recording itself, because Washington's rule expects the announcement to be recorded5.
Test it from a phone that is not in your contacts. Listen to the first ten seconds, then pull up the recording and confirm the notice is on it. Check again after any change to your greeting, your phone system or your answering provider, and ask the provider how long it keeps the audio and who can hear it.
This page is general information, not legal advice. State laws change, and courts read them in ways a statute alone does not show. If you record calls in a licensed field or want to keep recordings for evidence, ask a lawyer licensed where you and your callers are.