Can you record a phone call in the District of Columbia?
One person on the call can record it, and that can be you. DC law bans recording only when no participant has agreed, or when the aim is a crime or other harm.
- Phone calls
- D.C. Code 23-542 forbids intercepting a wire or oral communication, but section 23-542(b)(3) allows it when you are a party or one party gave prior consent. The exception does not apply if the recording is made to commit a crime, a civil wrong or any other injurious act. Federal law (18 U.S.C. 2511) is also one-party.
- Business calls
- DC's recording law does not require a beep or announcement when you or your staff take part in the call. To record calls the business is not on, get one participant's agreement first. Do not record to harm someone: that removes the exception. Callers in all-party states such as California should be told at the start.
- What counts as consent
- Your own consent as a participant is enough; no announcement or beep is required. If you are not on the call, a participant must agree before the recording starts.
- Penalties
- Unlawful interception can bring up to 5 years in prison, a fine up to $12,500, or both. Victims can sue for actual damages, at least $100 a day or $1,000 (whichever is higher), plus punitive damages and legal fees.
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
- Recording to commit a crime, a civil wrong or any other injurious act is not protected, a wider limit than federal law, which dropped the injurious-act wording in 1986.
- If the other person is in an all-party state such as California, that state's law can apply to your call (Kearney v. Salomon Smith Barney, California Supreme Court, 2006).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- D.C. Code 23-542, Interception, disclosure, and use of wire or oral communications prohibitedstatute
- D.C. Code 23-554, Civil actionstatute
- D.C. Code 22-3571.01, Fines for criminal offensesstatute
- 18 U.S.C. 2511, federal Wiretap Act (US Code on govinfo.gov)statute
- Wikipedia: Telephone call recording lawsguide
Other states
More free tools
Questions
Is the District of Columbia a one-party consent state?
Yes. One person on the call can record it, and that can be you. DC law bans recording only when no participant has agreed, or when the aim is a crime or other harm.
Can a business record calls in the District of Columbia?
DC's recording law does not require a beep or announcement when you or your staff take part in the call. To record calls the business is not on, get one participant's agreement first. Do not record to harm someone: that removes the exception. Callers in all-party states such as California should be told at the start.
What counts as consent in the District of Columbia?
Your own consent as a participant is enough; no announcement or beep is required. If you are not on the call, a participant must agree before the recording starts.
What happens if you record a call illegally in the District of Columbia?
Unlawful interception can bring up to 5 years in prison, a fine up to $12,500, or both. Victims can sue for actual damages, at least $100 a day or $1,000 (whichever is higher), plus punitive damages and legal fees.
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.
