Call Recording Consent: Federal Law and All-Party States

What Does Federal Law Say About Call Recording Consent?

The federal Wiretap Act, 18 U.S.C. 2511, makes it a crime to intentionally intercept a wire, oral or electronic communication (18 U.S.C. 2511(1)(a)). For an agent recording sales calls, the practical question is which exception lets you record.

For private parties, the answer is 18 U.S.C. 2511(2)(d). It says interception is not unlawful when the person doing it is a party to the communication, or when one of the parties has given prior consent. That is why federal law is described as a one-party consent rule: if you are on the call, your own consent generally satisfies the federal statute.

There is a limit built into the same paragraph. The exception does not apply if the communication is intercepted for the purpose of committing a criminal or tortious act under federal or state law. Ask counsel if you have any doubt about how the purpose limit applies.

State law can require more than federal law. A number of states have their own eavesdropping or wiretap statutes that require the consent, or at least the knowledge, of everyone on the call. These are often called two-party consent states.

Which States Are Two-Party Consent States?

"Two-party consent" is shorthand. The statutes below generally speak of the consent of all parties, which matters on a three-way call or a transfer. The table lists only states whose statute text we read on the state's official legislature or code website in October 2026. It is not a complete list.

This article does not cover California or Illinois. Both states have their own eavesdropping statutes, and we could not review them for this version. If you take calls from either state, check its law with counsel before you record.

State	Statute citation	What the statute requires
Florida	Fla. Stat. 934.03	Intercepting a wire, oral or electronic communication is prohibited unless an exception applies. One exception is when all parties to the communication have given prior consent (934.03(2)(d)).
Maryland	Md. Code, Courts and Judicial Proceedings 10-402	Willfully intercepting a wire, oral or electronic communication is unlawful unless an exception applies. A party to the call may record when all parties have given prior consent, unless the purpose is a criminal or tortious act (10-402(c)(3)).
Massachusetts	Mass. Gen. Laws ch. 272, sec. 99	"Interception" means secretly hearing or recording a wire or oral communication with a device by anyone not given prior authority by all parties. Willfully committing an interception is a crime (sec. 99(B)(4), (C)(1)).
Montana	Mont. Code Ann. 45-8-213	It is an offense to record a conversation with a hidden device without the knowledge of all parties (45-8-213(1)(c)). The statute excepts persons given warning of the recording, and says if one person provides the warning, either party may record (45-8-213(2)(a)).
New Hampshire	N.H. Rev. Stat. 570-A:2	Intercepting a telecommunication or oral communication without the consent of all parties is a class B felony (570-A:2, I).
Pennsylvania	18 Pa.C.S. 5703 and 5704	Intentionally intercepting a wire, electronic or oral communication is a third-degree felony (5703), unless an exception applies. One exception is when all parties have given prior consent (5704(4)). A separate exception covers telemarketing and customer service businesses recording for training, quality control or monitoring with one party's consent, with use and retention limits (5704(15)).
Washington	Rev. Code Wash. 9.73.030	Recording a private telephone communication, between points within or outside the state, requires first obtaining the consent of all participants (9.73.030(1)(a)). Consent is considered obtained when one party announces the recording to all others in a reasonably effective manner, and the announcement is also recorded (9.73.030(3)).

Other states, including California and Illinois, are not in the table because we could not confirm their current official statute text this month. States missing from the table are not necessarily one-party states, so check every state you take calls from with counsel.

How Does Call Recording Consent Work on Interstate Calls?

If you are licensed in more than one state, you may be sitting in a one-party state while talking to a consumer in an all-party state. Which state's law applies to that call is a legal question that depends on the facts, and the statutes themselves do not all answer it the same way.

Washington's statute is one example of language that reaches across borders: it covers private communications transmitted by telephone "between points within or without the state." Do not assume that your own state's one-party rule travels with you when the person on the other end is somewhere else. That is exactly the kind of question to put to counsel before you turn on recording for a multi-state book of business.

What Is a Practical Approach for Multi-State Calls?

Because interstate calls create uncertainty, one simple approach is to disclose that the call is being recorded at the very start, before any substantive conversation, on every call regardless of state. The idea is to give every party notice up front instead of relying on a one-party exception.

Some statutes speak directly to announcements, such as Washington's and Montana's (see the table). Others, like Florida's and Maryland's, refer to prior consent from all parties, and whether a recorded announcement followed by staying on the line counts as consent is a question for counsel.

Treat a recording disclosure as a sensible step, not a legal guarantee. It does not settle every state's requirements, and it does not address separate rules about how long you keep recordings, who can listen to them, or what else you do with them.

How Should Agents Set Up Call Recording Software?

Call recording software makes it easy to record everything. That convenience is also the risk. Before you rely on any tool, work through a short checklist with your agency and counsel.

List every state your callers are likely to be in, not only the states where you hold a license or sit.
Ask counsel which of those states require the consent or knowledge of all parties, and how they treat calls that cross state lines.
Write a short recording disclosure and place it at the start of every call, inbound and outbound, before discussing coverage or health questions.
Confirm the disclosure itself is captured in the recording, since Washington's statute counts an announcement as consent only if the announcement is also recorded.
Decide what happens if a caller objects to being recorded, and train agents to follow that process every time.
Re-disclose when a new party joins, such as a three-way call with a carrier, a family member or a transfer to another agent, because the statutes in the table refer to all parties.
Set retention and access rules for recordings, and ask counsel whether any state you work in limits how recordings may be used. Pennsylvania's telemarketing and customer service exception, for example, limits use to training and quality control and requires destruction within one year unless other law requires otherwise.
Review the disclosure and settings with counsel at least once a year and whenever you add states.

Does Recording Consent Differ for Inbound Calls?

The statutes in the table do not distinguish between inbound and outbound calls, so build the disclosure into your opening either way. For how lead types differ, see our final expense leads guide. To see how CallX works with licensed final expense agents and agencies, visit those pages, or browse more compliance and sales articles on the CallX resources page.

Frequently Asked Questions

Is Federal Law One-Party or Two-Party Consent?

Generally one-party. Under 18 U.S.C. 2511(2)(d), a private person may record a call they are a party to, or one where a party has given prior consent, unless the purpose is a criminal or tortious act. State law can require more.

Which States Require All Parties to Agree to a Recording?

Of the statutes we reviewed this month, the seven in the table require the consent or knowledge of all parties in at least some situations, each with exceptions. Pennsylvania's exception for telemarketing and customer service quality monitoring has conditions, so ask counsel whether your operation fits it. Other states may have similar rules.

Does Saying "This Call May Be Recorded" Count as Consent?

In Washington, a recorded announcement made in a reasonably effective manner counts as consent, and Montana excepts parties given warning. Other states word their rules differently, so a disclosure is a sensible practice but not a guarantee.

What If a Third Person Joins the Call?

The all-party statutes refer to every party to the communication, so a new participant may need the same notice. Repeat the disclosure when someone joins and ask counsel how your states treat conference calls.

This article is general education, not legal advice. It summarizes federal and selected state statutes as published on official websites in October 2026, the table is not a complete list of states, it does not cover California or Illinois, and statutes and court interpretations change. Talk to counsel about which state laws apply to your calls before you record.

Call Recording Consent for Insurance Agents: Federal Law and Seven State Statutes