Call recording have become a necessity of this world. It not only helps to deal with the professional matters but even common people are making great use of phone call recording. But when it comes to phone call recording, different people have different needs. Because of the changing technology and the increasing digitization of the tasks, mobile and cell phone recording have gone more viral. However, when the phone call recording is concerned, the legal issues revolving round it must be considered.

The laws of call recording vary greatly from state to state no matter whether you are using hardware based call recording or software based solutions for the very same purpose using small call recorder. Although wiretapping laws are quite the same for every state but the call recording laws highly depends upon the jurisdiction of the state.

These laws are made to protect the privacy of the people in the state and unauthorized recording of the call is considered illegal and the parties whose conversation is being recorded can often consider it as a criminal offense.

The Laws Regarding Call Recording:

Although different states have different laws regarding the call recording, US has two-party notification states and one-party notification states regarding the recording of calls. Two-party notification state renders the state where both the parties that are in conversation are made aware that their conversation has been recorded, whereas the one-party notification state means the person needs to be informed that his call is being recorded.

In US, 12 states require consent from all the parties prior to recording their calls, these states include California, Illinois, Montana, Florida, New Hampshire, Maryland, Washington, Nevada, Pennsylvania, Connecticut and Massachusetts. All the remaining states including in the District of Columbia needs to require consent from only single party.

According to FCC, Federal Communications Commission, the telephone companies are also required to make to the customers before recording their phone conversations or calls. The below listed notifications should be released to the people before recording their conversations:

  • A written or verbal consent should be given before recording their phone conversation.
  • During the recording of the call, a beeping tone may be repeatable regularly to make it obvious to the calling person.
  • A verbal notification is the most common before the recording of the call.

In Canadian states, there is a law that at least one of the party involved in the phone conversation should be made aware that their conversation is being recorded. Other states have different rules accordingly.