This article is general information, not legal advice. Laws around call recording vary by state and country and change over time — check with a local attorney before relying on anything here for a real situation.
In short: it depends on where you and the other person are located. Some places only require one person on the call (you) to consent to recording; others require everyone on the call to agree. If you're deciding which app to use for recording, see how Call Recorder for iPhone compares to TapeACall and other options once you've confirmed recording is legal for your situation.
One-party consent means only one person on the call — which can be you — needs to agree to the recording. Two-party (or "all-party") consent means every person on the call must agree before it's recorded. This distinction is the basis for most call-recording law worldwide, though the exact rules differ by jurisdiction.
Federal law in the US (the Wiretap Act) generally permits one-party consent for calls that cross state lines. However, a number of states require all-party consent for calls made within that state. States most commonly cited as requiring all-party consent include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, Pennsylvania, and Washington — but a few of these have narrower rules than they first appear (for example, Oregon's all-party rule applies mainly to in-person conversations, and Connecticut's applies specifically to phone calls), and Nevada and Michigan are sometimes listed too depending on the source and how courts in that state have interpreted the statute. State laws are amended periodically and court interpretations shift, so confirm the current rule for your state (and the other party's state) before recording a call you didn't get consent for.
Most other US states follow one-party consent, meaning you can legally record a call you're personally part of without telling the other person — though many businesses choose to disclose recording anyway, both as good practice and because it's required in specific contexts (e.g., some financial or healthcare communications).
Under GDPR (and the UK's equivalent, UK GDPR), recording a call that includes another person's voice generally counts as processing their personal data, which means you need a lawful basis to do it — commonly either their consent or a legitimate business interest, depending on the context. Businesses recording calls for quality or training purposes typically need to inform callers, for example via a recorded announcement at the start of the call.
In Australia, call recording is governed by a mix of federal telecommunications law and state-based surveillance device acts, and requirements can differ by state. In Canada, federal law generally permits one-party consent, but always confirm the rule that applies to your province and situation.
For the technical side of recording — not the legal side — see our full guide to recording calls on iPhone, or our guide to recording phone interviews if consent and audio quality both matter for your use case.
Do I need to tell someone I'm recording the call?
In one-party consent jurisdictions, not legally — but it's good practice, and in two-party consent jurisdictions it's required.
What if I'm calling someone in a different state or country?
Generally, the stricter of the two applicable laws is the safer one to follow. Check both jurisdictions.
Which US states require all-party consent to record a call?
States most commonly cited include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, Pennsylvania, and Washington — though some have narrower rules and this list can vary by source. Confirm current law for your state before recording without consent.
Is this legal advice?
No — this is general information. Consult a local attorney for advice on your specific situation.
