For a call recording to be lawful, federal law and most states require at least one party to the conversation to consent to the recording. However, many states go further, requiring two-party (or all-party) consent for a call to be lawfully recorded.
As the following list demonstrates, navigating the state law nuances of two-party consent for recording calls can require some finesse.
Requires prior consent from all parties to record a confidential in-person, telephone, or video communication.
However, case law indicates that where a person communicating is made aware that the conversation is being monitored or recorded, there may be no violation because there is no objectively reasonable expectation of privacy. Moreover, by continuing with the conversation after being so warned, consent is given by implication.
Allows call recording if:
- all parties have consented to the recording,
- recording is preceded by a verbal notification which is recorded as well, or
- recording is accompanied by an automatic tonal warning.
Requires two-party consent for recording telephone or other private conversations.
However, a district court held the state law was meant to emulate its federal equivalent, so one-party consent may, in some circumstances, satisfy the consent requirement.
Requires prior consent from all parties to record an oral communication.
However, the law does not cover when the person communicating had no reasonable expectation of privacy, which may occur when the parties are notified at the outset that the call will be monitored or recorded.
Requires all parties to consent to recording either an in-person or transmitted communication when at least one party intends the communication to be of a private nature under circumstances reasonably justifying that expectation.
Requires all parties to a communication to consent to the recording.
However, Maryland courts have interpreted this to be limited to situations where parties have a reasonable expectation of privacy.Continue Reading TWO-PARTY CONSENT REQUIREMENTS FOR RECORDING CALLS