Is It Illegal to Record a Conversation? Phone Calls, Meetings and Work (2026)

Recording a conversation is usually not illegal if you are part of it, because federal law and most states let one person in the conversation consent, and that person can be you. It is illegal to record a conversation you are not part of without anyone's consent, and in about a dozen all-party consent states, including California, Florida, Illinois and Pennsylvania, you need everyone's agreement first. The same rules cover phone calls, conversations in person and video meetings on Zoom, Google Meet and Microsoft Teams. This page is general information, not legal advice; for a real situation, check your state's statute or ask a lawyer.

Is it illegal to record a conversation? The short answer by situation

Your situation	Is it legal to record?
You're in the conversation, and everyone is in one-party states	Yes. Your own consent is enough.
You're in the conversation, and anyone is in an all-party state	Only if everyone agrees.
You're not in the conversation, and nobody in it agreed	No. That is wiretapping or eavesdropping almost everywhere.
A video meeting with people in several states	Assume the strictest state applies. Tell everyone and get a yes.
In public, where people can't expect privacy	Usually yes. Consent rules mostly protect private conversations.
At work	The consent law applies, and your employer's policy can add a ban.
You plan to use the recording to commit a crime or a tort	No, even with one-party consent.

One-party vs all-party consent

Most U.S. recording laws follow one of two rules. Which one covers the people in your conversation is most of the answer.

One-party consent

• One person in the conversation has to agree.
• That person can be you, so you can record a conversation you're part of.
• The rule in federal law (18 U.S.C. 2511) and most states, including New York and Texas.
• It never lets you record a conversation you're not part of.

All-party consent

• Everyone in the conversation has to agree.
• Often called two-party consent, but a five-person call needs all five.
• Commonly listed: California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington.
• When you can't be sure where people are, follow this rule.

Federal law sets the floor. It says it is not unlawful for a person to record a conversation "where such person is a party to the communication or where one of the parties to the communication has given prior consent," unless the recording is made to commit a crime or a tort (18 U.S.C. 2511(2)(d)). States can be stricter, and about a dozen are.

Sources count the all-party states differently, from 11 to 15, because a few states have split or disputed rules. For the full state-by-state list, see do you have to tell people you're recording.

Is it illegal to record a phone call?

Not if you're on the call and you follow the rule that applies. Federal law covers phone calls, cell phone calls and internet calls the same way. Your own consent is enough under federal law and in one-party states.

The catch is the other person's state. When a call crosses state lines, the stricter state's law can apply to you. In Kearney v. Salomon Smith Barney (2006), California's Supreme Court held that a firm calling from Georgia, a one-party state, could not keep secretly recording its calls with clients in California. The Reporters Committee for Freedom of the Press gives the same advice to journalists: assume the stricter state's law applies.

A few states split the rule. Oregon needs everyone's consent for conversations in person but only one person's for phone calls. Connecticut works the other way: phone calls need everyone's consent.

So on any phone call where you don't know where the other person is, say you're recording and get a yes.

Is it illegal to record a conversation in person?

The same consent rules apply in person, with one more question: could the people talking expect privacy? Most state laws protect private conversations. Texas, for example, makes recording a crime when the people talking have a "reasonable expectation of privacy" and no one in the conversation consented (Texas State Law Library). Courts look at where you were, what you talked about and whether others could overhear.

• At home or behind a closed office door. People expect privacy, so the consent rule applies in full.
• In a restaurant, a hallway or a street. People speaking where others can hear usually can't expect privacy, so recording is often legal. It still depends on the facts.
• Leaving a phone recording in a room you've left. You're no longer in the conversation, so your consent doesn't count. This is eavesdropping.
• Silent video. Video with no sound mostly falls under separate hidden-camera and voyeurism laws, which every state has for private places. Video with sound falls under the consent rules too.

Is it legal to record a meeting on Zoom, Google Meet or Teams?

Yes, with the consent the law requires. A video meeting is a conversation, so the rules above apply. The difference is that a video meeting often has people in several states or countries, and you rarely know where each person is sitting. That makes the strictest rule the safe one: tell everyone you're recording and get their agreement.

The recording notice that Zoom, Google Meet and Teams show when their own Record button is used (see how to record a Teams meeting) tells people a recording started. It doesn't show that everyone agreed, and people who join late can miss it. Say it out loud too.

Is it illegal to record a conversation at work?

The consent law is the same at work. What changes is that your employer can add its own rules. Many companies ban recording meetings without permission, and breaking that policy can get you disciplined or fired even when the recording is legal. Contracts and NDAs can limit recording too.

• Recording your boss or a coworker. Check the consent rule for everyone in the conversation, then your company's policy.
• Recording customer or client calls. Tell the other person at the start, since you often don't know their state. California's Kearney ruling came from a company recording client calls.
• Recording team meetings. Say you're recording at the start, and follow your company's rules on which meeting recording software is allowed.

Penalties for recording a conversation illegally

Illegal recording can be a crime and a reason to be sued. Here is what the law says in federal law and three of the strictest states.

Law	What can happen
Federal criminal (18 U.S.C. 2511(4))	A fine, up to five years in prison, or both
Federal civil (18 U.S.C. 2520)	The recorded person can sue for actual damages or statutory damages of $100 a day or $10,000, whichever is greater, plus punitive damages and attorney's fees
California criminal (Penal Code 632)	A fine of up to $2,500 per violation, up to one year in county jail or state prison, or both; up to $10,000 per violation for a repeat offense
California civil (Penal Code 637.2)	$5,000 per violation, or three times actual damages
Florida (Fla. Stat. 934.03)	A third-degree felony: up to five years in prison and a $5,000 fine
Pennsylvania (18 Pa.C.S. 5703)	A third-degree felony: up to seven years in prison

An illegal recording is also often useless. Under federal law, the contents of an illegally intercepted call or conversation can't be used as evidence in a trial, hearing or other proceeding (18 U.S.C. 2515).

What to do before you record a conversation

These steps keep you legal under both consent rules.

1. Say it at the start. "I'm recording this so I have accurate notes." For a phone call, say it before the real conversation starts.
2. Ask for a yes. "Is everyone okay with that?" A clear yes on the recording is the best proof of consent.
3. Put it in the calendar invite. "This meeting will be recorded for notes. Let me know if you have concerns." People can raise them before the call.
4. Repeat it for late joiners. Anyone who missed the start didn't hear you.
5. Stop if someone objects. Turn the recording off, or take written notes instead.
6. Keep the recording private. Share it only with people who were in the conversation or who need it, and don't post it publicly without permission.
7. Check your company's policy. A legal recording can still break a work rule.

Here are lines you can paste.

• Start of a call: "Quick heads-up, I'm recording this meeting so I can get the transcript and notes afterward. Everyone okay with that?"
• Formal or external meeting: "Before we begin, I'd like to record this meeting for accurate notes. It will be shared only with the people on this call. Does anyone object?"
• Meeting chat: "FYI, I'm recording today's call for notes. Say so now if you'd prefer I didn't."

Record your next meeting the right way

The legal rule is simple: be in the conversation, tell everyone you're recording, and get their agreement. Scribbl fits that rule. Nothing joins the call, so the person telling everyone is you, and your recordings stay private by default.

Every meeting then turns into work done: the video, a transcript with speaker names, AI notes and action items. On Pro, connect Scribbl to ChatGPT or Claude and ask about past meetings. Pro is $13 per user per month billed annually, or $20 monthly; see pricing. For how recording works with no bot in the call, see how to record a meeting without a bot.

Start Scribbl free. The free plan includes Google Meet, Zoom and Microsoft Teams.

FAQ

Is it illegal to record a conversation?

Usually not, if you are part of the conversation. Federal law and most states need only one person in the conversation to agree, and that person can be you. It is illegal to record a conversation you are not part of without someone's consent, and about a dozen states, including California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania and Washington, need everyone's agreement.

Is it legal to record a meeting?

Yes, if you have the consent the law requires. A meeting is a conversation, so the same rules apply: one person's consent under federal law and in most states, everyone's consent in all-party states. Video meetings often include people from several states, and the stricter state's rule can apply, so tell everyone you're recording and get their agreement before you start.

Is it illegal to record a phone call?

Not if you are on the call and you follow the consent rule that applies. Under federal law and in most states, your own consent is enough. If the other person is in an all-party state, such as California, get their consent too: California's Supreme Court held in 2006 that California law protected California callers even though the company recording them was in Georgia, a one-party state.

Is it illegal to record someone without them knowing or without their permission?

It depends on the state and on whether you are part of the conversation. In a one-party state, you can record a conversation you are part of without the others knowing or giving permission. In an all-party state, recording a private conversation without everyone's permission can be a crime, so a secret recording of a private conversation there is usually illegal. Anywhere, recording a conversation you are not part of, with no one's consent, is illegal under federal wiretap law, and so is recording to commit a crime or a tort.

Can I record a conversation at work?

The consent law is the same at work, but your employer can also ban recording in its policies, and breaking a policy can get you disciplined or fired even when the recording itself is legal. Check the consent rule for everyone in the conversation, then check your company's policy.

What are the penalties for illegally recording a conversation?

Under federal law, up to five years in prison and a fine, plus civil damages of at least $10,000 or $100 a day, whichever is greater, if the recorded person sues. States add their own: California allows a fine of up to $2,500 per violation and up to a year in jail, plus $5,000 per violation in a civil suit. In Florida and Pennsylvania it is a felony. An illegal recording also usually can't be used as evidence.

Is the recording notice in Zoom, Google Meet or Teams enough?

Don't rely on it alone. The notice tells people a recording has started, but it doesn't show that everyone agreed, and some people join late or miss it. Say out loud at the start that you're recording, ask if everyone is okay with it, and repeat it for anyone who joins late.

Which states require everyone's consent to record?

Sources differ, but most list California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington, and some add Connecticut, Delaware, Michigan, Nevada and Oregon because of split or disputed rules. See our state-by-state list in the guide to whether you have to tell people you're recording.

Sources

Checked on October 12, 2026.

• 18 U.S.C. 2511, interception of communications (Cornell LII): one-party consent exception and criminal penalty
• 18 U.S.C. 2520, civil damages (Cornell LII)
• 18 U.S.C. 2515, illegal recordings as evidence (Cornell LII)
• California Penal Code 632 and Penal Code 637.2
• Kearney v. Salomon Smith Barney, 39 Cal.4th 95 (2006)
• Florida Statutes 934.03
• Pennsylvania 18 Pa.C.S. 5703 and 18 Pa.C.S. 1103, felony sentences
• Reporters Committee for Freedom of the Press, Reporter's Recording Guide: all-party states, split states, interstate calls, hidden cameras
• Texas State Law Library, Audio Recording: reasonable expectation of privacy
• Telephone call recording laws (Wikipedia): all-party state lists across sources