Can I Record This Call?
Recording a phone call without permission is a felony in 11 states. Check your state law instantly.
Understanding Consent Laws
One-Party Consent: Federal law (18 U.S.C. § 2511) allows you to record a conversation as long as you are a party to it. This means you do not need the other person's permission, provided you are not recording it for a criminal purpose.
Two-Party Consent: Some states have stricter privacy laws that supersede federal law within their borders. In these states, recording a private conversation without the consent of all parties is a criminal offense (often a felony) and opens you up to civil lawsuits.
Common Questions
Does this apply to video recording?
Generally, yes, if the video captures audio. Video without audio is usually treated differently (photography laws), but if you record a private conversation's audio, wiretapping laws apply.
What if I'm in a public place?
If you are in a public place where there is 'no expectation of privacy' (like a park or street), you can usually record openly. However, secretly recording a whispered conversation on a bench might still be problematic in Two-Party states.
Can I use the recording in court?
If you recorded it illegally (e.g., in a Two-Party state without consent), it is usually inadmissible in court and you could be charged with a crime for making it. If recorded legally, it is powerful evidence.