Two-Party Consent States: Where You Can’t Record Without Permission (2026)
In most states only one person needs to consent to record a call — but in a dozen, everyone does. Here’s the list, what it means for phone and in-person recording, and the federal rule.
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In most of the country you can legally record a conversation you're part of without telling anyone else. But in about eleven states, everyone has to consent first — and getting it wrong can be a crime. Here's the list, what it covers, and how to stay on the right side of the line.
The short version
- Most states (37 + DC) are one-party consent: only you need to agree to record.
- About 11 states require all-party (“two-party”) consent — everyone must agree.
- Connecticut, Michigan, and Oregon have mixed rules depending on the situation.
- When a call crosses state lines, follow the stricter rule to be safe.
What is two-party consent?
"Two-party consent" — more accurately all-party consent — means every participant in a conversation must agree before it can legally be recorded. It applies to phone calls and, in most of these states, in-person conversations too.
The alternative, one-party consent, means only one person needs to consent — and that person can be you. That's the federal standard and the rule in most states.
Which states require all-party consent?
These states require everyone's consent to record:
The two-party (all-party) consent states
11 · June 2026States where everyone in a conversation must consent before it can legally be recorded — for phone calls and, usually, in-person talks.
- CACalifornia
- DEDelaware
- FLFlorida
- ILIllinois
- MDMaryland
- MAMassachusetts
- MTMontana
- NVNevada
- NHNew Hampshire
- PAPennsylvania
- WAWashington
Connecticut, Michigan, and Oregon have mixed rules; the other 37 states plus DC are one-party consent (only you need to agree).
A few others — Connecticut, Michigan, and Oregon — sit in between, applying all-party rules to some kinds of communication (often in-person) but not others.
One-party vs two-party consent
The practical difference is big:
- One-party consent (37 states + DC): you can record a call or meeting you're part of without telling the others. Federal law (18 U.S.C. § 2511) works this way too.
- All-party consent (the states above): recording without everyone's knowledge and permission can be a criminal offense and expose you to civil liability.
How states rank on privacy
Recording-consent law is one piece of how a state treats privacy, which our Fourth Amendment score also measures through surveillance limits and forfeiture protections:
- 1MEMaine9.5A+
- 2NMNew Mexico9.5A+
- 3WIWisconsin9.0A+
- 4MOMissouri8.5A
- 5NCNorth Carolina8.5A
- 6MDMaryland8.5A
- 7FLFlorida6.5B-
- 8COColorado6.5B-
- 9CTConnecticut6.5B-
- 10OROregon6.5B-
See all 50 states ranked on privacy & the Fourth Amendment
Recording, surveillance, civil forfeiture, and digital-data protections — the full ranking with a map.
Recording across state lines
This is where people get caught out. If you're in a one-party state and the person you're recording is in an all-party state, which law applies is genuinely unsettled — courts have gone both ways.
The safe rule: if anyone on the call could be in an all-party consent state, get everyone's consent before you record. A simple "I'm recording this call — is that okay?" at the start solves it almost everywhere.
Frequently asked questions
What is a two-party consent state?
In a two-party (more accurately, all-party) consent state, every person in a conversation must consent before it can legally be recorded. In one-party consent states, only one participant — which can be you — needs to agree.
Which states require all-party consent to record?
About eleven states require all-party consent: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Connecticut, Michigan, and Oregon have mixed rules depending on the type of communication.
Is it illegal to record a phone call without consent?
It depends on the state. In one-party consent states (37 plus DC), you can record a call you’re part of without telling the other person. In all-party consent states, recording without everyone’s permission can be a crime.
Which law applies if the call crosses state lines?
It’s a gray area, and courts differ. The safest practice is to follow the stricter rule — if anyone on the call is in an all-party consent state, get everyone’s consent before recording.
Sources
Civil Forfeiture & Privacy by State: all 50 ranked
See where every state lands on Fourth Amendment freedom — privacy, surveillance, and forfeiture.
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