Recording Consent Laws by State
Last updated: July 16, 2026
Our approach
All-party consent states (14)
These states require ALL parties to a private conversation to consent (or, in some, to be clearly informed) before recording. A conversation in a customer’s home is private in every one of them. Where a state is legally disputed (Michigan, Delaware) or split between phone and in-person rules (Nevada, Connecticut), Ferg AI treats it as all-party — the protective reading.
| State | Key statute | Penalties |
|---|---|---|
| California | Penal Code §632 (CIPA) | Criminal (up to 1 yr) + civil $5,000/violation or 3× damages |
| Florida | §934.03 | Felony (up to 5 yrs) + civil damages |
| Illinois | 720 ILCS 5/14-2 | Felony + civil damages (reaches the employer) |
| Maryland | Cts. & Jud. Proc. §10-402 | Felony (up to 5 yrs) + civil damages |
| Massachusetts | Ch. 272 §99 (bans secret recording) | Up to 5 yrs + civil damages |
| Michigan | MCL 750.539c (disputed — treated as all-party) | Felony (up to 2 yrs) + civil damages |
| Montana | §45-8-213 (warning of recording required) | Criminal, escalating with repeat offenses |
| Nevada | NRS 200.650 (in-person is one-party; treated all-party as the safe posture) | Felony + civil damages |
| New Hampshire | RSA 570-A:2 | Felony/misdemeanor + civil damages |
| Oregon | ORS 165.540(1)(c) — in-person requires ALL participants be informed | Misdemeanor (up to 364 days) |
| Pennsylvania | 18 Pa. C.S. §5703 | Felony (up to 7 yrs) + civil damages |
| Washington | RCW 9.73.030 | Gross misdemeanor + civil damages |
| Connecticut | CGS §52-570d (civil, phone) — treated all-party as the safe posture | Civil damages; felony for non-participant eavesdropping |
| Delaware | 11 Del. C. §1335 (conflicting statutes — treated as all-party) | Criminal (both statutes) |
Worth knowing: Oregon’s in-person rule is the reverse of its phone rule — face to face, all participants must be specifically informed (ORS 165.540(1)(c), upheld by the Ninth Circuit in 2025). Washington deems consent obtained when the recording itself captures an announcement to all parties (RCW 9.73.030(3)) — one reason we recommend re-stating the disclosure after recording starts.
One-party consent states (36 + DC)
These states require only one party to the conversation to consent — the technician doing the recording qualifies. We still require informing the customer: it is best practice, it protects your company in civil disputes, and it keeps one uniform habit across your whole team.
| State | Key statute |
|---|---|
| Alabama | Ala. Code §13A-11-30 |
| Alaska | Alaska Stat. §42.20.310 |
| Arizona | A.R.S. §13-3005 |
| Arkansas | Ark. Code §5-60-120 |
| Colorado | C.R.S. §18-9-303 |
| District of Columbia | D.C. Code §23-542 |
| Georgia | O.C.G.A. §16-11-62 |
| Hawaii | HRS §803-42 |
| Idaho | Idaho Code §18-6702 |
| Indiana | Ind. Code §35-33.5-1-5 |
| Iowa | Iowa Code §808B.2 |
| Kansas | K.S.A. §21-6101 |
| Kentucky | KRS §526.010 |
| Louisiana | La. R.S. §15:1303 |
| Maine | 15 M.R.S. §709 |
| Minnesota | Minn. Stat. §626A.02 |
| Mississippi | Miss. Code §41-29-531 |
| Missouri | Mo. Rev. Stat. §542.402 |
| Nebraska | Neb. Rev. Stat. §86-290 |
| New Jersey | N.J.S.A. 2A:156A-4 |
| New Mexico | N.M. Stat. §30-12-1 |
| New York | N.Y. Penal Law §250.05 |
| North Carolina | N.C.G.S. §15A-287 |
| North Dakota | N.D.C.C. §12.1-15-02 |
| Ohio | Ohio Rev. Code §2933.52 |
| Oklahoma | 13 Okl. St. §176.4 |
| Rhode Island | R.I. Gen. Laws §11-35-21 |
| South Carolina | S.C. Code §17-30-30 |
| South Dakota | SDCL §23A-35A-20 |
| Tennessee | Tenn. Code §39-13-601 |
| Texas | Tex. Penal Code §16.02 |
| Utah | Utah Code §77-23a-4 |
| Vermont | No statute — in-home case law; treat as all-party |
| Virginia | Va. Code §19.2-62 |
| West Virginia | W. Va. Code §62-1D-3 |
| Wisconsin | Wis. Stat. §968.31 |
| Wyoming | Wyo. Stat. §7-3-702 |
Vermont is the one state with no recording statute at all; its courts treat secret in-home recording as a privacy violation, so Ferg AI applies the all-party habit there too. Federal law (ECPA, 18 U.S.C. §2511) is a one-party floor everywhere — the stricter state rule always controls.
How Ferg AI protects you
- iPhone: advance customer notice via your ServiceTitan dispatch and arrival texts before recording begins. Apple Watch: technician confirms customer consent on the watch before recording begins.
- 4-second cancel window on arrival so technicians can respond to customer objections immediately.
- Stop-on-request: technicians can stop recording at any time if the customer asks.
- Consent method, timestamp, and the recording trigger stored with every recording — a §632-grade audit trail.
- Recordings stopped on customer request are classified and flagged for manager review.
- State-specific guidance in the app, based on your company’s primary operating state (set in Settings).
Your company remains responsible for lawful use, including ensuring your ServiceTitan dispatch and arrival texts are properly configured and sent, and for compliance with applicable recording consent laws in your jurisdiction.