Federal Recording Laws in the US
The federal Wiretap Act (18 U.S.C. Section 2511), part of the Electronic Communications Privacy Act (ECPA), establishes a baseline one-party consent rule for the entire United States. This means that at the federal level, recording a conversation is legal as long as at least one participant consents to the recording.
However, individual states can impose stricter requirements. When state law is more restrictive than federal law, the state law takes precedence. This is why understanding your specific state's laws is crucial for legal meeting recording.
Important Note
One-party consent does NOT allow you to leave a recording device running and collect it later. You must be physically present and participating in the conversation to record it legally under one-party consent laws.
One-Party vs Two-Party Consent States
One-Party Consent States (38 States)
In these states, you can legally record a meeting or call if you are a participant, without needing to inform others.
- Alabama, Alaska, Arizona, Arkansas
- Colorado, DC, Georgia, Hawaii
- Idaho, Indiana, Iowa, Kansas
- Kentucky, Louisiana, Maine, Minnesota
- Mississippi, Missouri, Nebraska, New Jersey
- New Mexico, New York, North Carolina
- North Dakota, Ohio, Oklahoma, Rhode Island
- South Carolina, South Dakota, Tennessee
- Texas, Utah, Virginia, West Virginia
- Wisconsin, Wyoming
Two-Party Consent States (12 States)
In these states, ALL participants must consent to being recorded. Recording without consent can result in criminal penalties.
- California - Felony offense
- Connecticut
- Delaware
- Florida - Third degree felony
- Illinois - Class 4 felony
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Pennsylvania
- Washington
Cross-State Calls
When participants are in different states, courts typically apply the law of the state where the person being recorded is located. For example, if you're in New York (one-party) and recording someone in California (all-party), California's stricter law applies. Always comply with the strictest applicable law.
Virtual Meeting Recording Laws
The same consent laws that apply to phone calls also apply to video conferences on platforms like Zoom, Microsoft Teams, Google Meet, and WebEx. Remote work has made this more complicated because participants may be located in different states or countries.
Platform Notifications
- Shows recording indicator to all participants
- Displays recording notification banner
- Google Meet: Announces when recording starts
- Visual and audio recording alerts
Note: Platform notifications alone may not satisfy legal consent requirements in all-party consent states.
Best Practices for Virtual Meetings
- Include recording notice in calendar invites
- Verbally announce recording at meeting start
- Allow participants to object or leave
- Document consent in meeting notes
- Use platforms with built-in consent features
GDPR and European Recording Requirements
Under the General Data Protection Regulation (GDPR), meeting recordings that capture personal data require a clear legal basis. For most business situations, this means obtaining explicit consent from all participants before recording.
GDPR Consent Requirements
Under GDPR, consent for recording must be:
- Participants know why the call is recorded and how data will be used
- Given through an active choice (e.g., saying yes, clicking accept)
- Freely given: Without pressure or disadvantage if they refuse
- Organizations must be able to prove consent was obtained
Legal Bases for Recording
- Most common for training/quality purposes
- Legitimate Interest: Documenting contractual agreements
- Contractual Necessity: Required for specific transactions
GDPR Penalties
- Fines up to 20 million euros
- Or 4% of annual global turnover
- Whichever amount is higher applies
- Plus potential civil liability
Right to Be Forgotten
Under GDPR Article 17, when an EU resident exercises their right to be forgotten, organizations must delete all their personal data including call recordings. A mechanism must be in place to locate and delete this data upon request.
Workplace Recording Laws
Recording conversations at work involves additional considerations beyond standard consent laws. The National Labor Relations Board (NLRB) has ruled that the National Labor Relations Act may preempt state consent-to-record laws when employees are engaged in protected activity.
2023 NLRB Starbucks Decision
The NLRB determined that employees may have protection when recording conversations that document alleged labor law violations, even in states with two-party consent laws. This means employers could face liability if they terminate employees who secretly record for the purpose of documenting workplace violations.
For Employers
- Establish clear recording policies in employee handbook
- Train employees on recording rules
- Obtain written consent for recorded meetings
- Be aware of NLRA protections for employees
For Employees
- Know your state's consent laws
- Review employer recording policies
- Understand NLRA protections
- When in doubt, ask HR or legal counsel
Best Practices for Legal Meeting Recording
Always Do
- Check applicable laws: Research federal, state, and international recording laws before any meeting
- Inform participants: Clearly notify everyone that recording will take place
- Provide opt-out options: Allow participants to decline recording or leave
- Document consent: Keep records of how and when consent was obtained
- Secure recordings: Store recordings with proper encryption and access controls
- Establish retention policies: Define how long recordings will be kept and when they'll be deleted
Never Do
- Secret recording: Never record without notification in two-party consent jurisdictions
- Assume platform notices are enough: Built-in notifications may not satisfy all legal requirements
- Share without permission: Never distribute recordings to unauthorized parties
- Keep recordings indefinitely: Establish and follow data retention schedules
- Record without being present: Leaving a device to record while you're absent is illegal
AI Meeting Tools and Compliance
AI meeting assistants that record and transcribe meetings must comply with the same legal requirements as any other recording method. Most reputable AI meeting tools include compliance features to help organizations meet their legal obligations.
Compliant AI Meeting Tools
Enterprise-Ready Options
- Otter.ai - SOC 2 Type II certified
- Fireflies.ai - GDPR compliant
- Gong - Enterprise security
- Chorus - GDPR/SOC 2 certified
Key Compliance Features
- Automatic consent notifications
- Recording consent workflows
- Data encryption at rest and transit
- Retention policy management
- Audit trails and access logs
Consequences of Illegal Recording
Criminal Penalties
- Class 4 felony, up to 3 years prison
- Fine up to $2,500 and/or 1 year jail
- Third degree felony, up to 5 years prison
- Up to 5 years imprisonment
Civil Liability
- Actual damages suffered by victim
- Statutory damages (can be significant)
- Attorney's fees and court costs
- Punitive damages in some cases
- Recording may be inadmissible as evidence
