Can you record a phone call in Delaware?
Treat Delaware as all-party: get everyone's consent before recording. Its wiretap law allows one-party recording, but its privacy law bans intercepting a phone message without all parties' consent.
- Phone calls
- Two Delaware statutes conflict. The wiretap law (Delaware Code title 11, section 2402) lets a party record, or anyone with one party's consent, unless the aim is a crime or a civil wrong. The violation of privacy law (section 1335) makes it a crime to intercept a phone message without the consent of all parties. Following the stricter law is the safe course.
- Business calls
- Announce the recording at the start of each call and get agreement. Businesses that handled data of at least 35,000 Delaware consumers (or 10,000 with over 20% of revenue from data sales) must follow the Delaware Personal Data Privacy Act: a privacy notice, purpose limits, and access and deletion rights.
- What counts as consent
- The statutes do not say how consent must be given. Tell everyone at the start that you record and get a clear yes, ideally captured on the recording. Public places, where no one expects privacy, are not covered.
- Penalties
- Breaking the privacy law is a class A misdemeanor: up to 1 year in jail and a fine up to $2,300. Illegal wiretapping is a class E felony, fined up to $10,000. Wiretap victims can sue for at least $1,000.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- Sources split: the wiretap law is one-party, the privacy law all-party. A 1975 federal ruling (United States v. Vespe) let a participant record anyway, but no Delaware court ruling on the conflict was found, so the stricter rule is shown.
- The Delaware Personal Data Privacy Act thresholds drop on 1 January 2027 to 10,000 consumers (or 5,000 with over 20% of revenue from data sales).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Delaware Code title 11, section 1335, Violation of privacystatute
- Delaware Code title 11, chapter 24, subchapter I (sections 2401-2412), Interception of communicationsstatute
- Delaware Code title 6, chapter 12D, Delaware Personal Data Privacy Actstatute
- Reporters Committee for Freedom of the Press: Delaware recording guideguide
Other states
More free tools
Questions
Is Delaware a one-party consent state?
No. Treat Delaware as all-party: get everyone's consent before recording. Its wiretap law allows one-party recording, but its privacy law bans intercepting a phone message without all parties' consent.
Can a business record calls in Delaware?
Announce the recording at the start of each call and get agreement. Businesses that handled data of at least 35,000 Delaware consumers (or 10,000 with over 20% of revenue from data sales) must follow the Delaware Personal Data Privacy Act: a privacy notice, purpose limits, and access and deletion rights.
What counts as consent in Delaware?
The statutes do not say how consent must be given. Tell everyone at the start that you record and get a clear yes, ideally captured on the recording. Public places, where no one expects privacy, are not covered.
What happens if you record a call illegally in Delaware?
Breaking the privacy law is a class A misdemeanor: up to 1 year in jail and a fine up to $2,300. Illegal wiretapping is a class E felony, fined up to $10,000. Wiretap victims can sue for at least $1,000.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
