Can you record a phone call in Maryland?
Everyone on the call must agree before you record it. Maryland's wiretap law lets a party record only when all parties have given prior consent, and a violation is a felony.
- Phone calls
- Maryland's wiretap law (Courts and Judicial Proceedings 10-402) bans intercepting wire, oral and electronic communications. A party may record only when all parties to the communication have given prior consent. Phone calls are protected whether or not anyone expects privacy. Federal law is one-party, but callers must follow the stricter Maryland rule.
- Business calls
- Tell everyone at the start of every call that you record, and get their agreement. Maryland's consumer data privacy law (Commercial Law 14-4701 and following) covers businesses that handled data of at least 35,000 Maryland consumers in the previous year, or 10,000 if over 20% of revenue came from selling personal data.
- What counts as consent
- Every party must give prior consent. Announce the recording at the start and ask for a yes. A person who is warned and keeps talking is generally treated as consenting, but a recorded yes is the safest proof.
- Penalties
- A violation is a felony: up to 5 years in prison, a fine up to $10,000, or both. Victims can sue for at least $100 a day or $1,000, 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
- In-person talks are covered only when private, meaning someone has a reasonable expectation of privacy (Agnew v. State, 2018). Phone calls are covered either way.
- A caller in a one-party state who records a Maryland participant without consent could be liable under Maryland law.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Md. Code, Courts and Judicial Proceedings 10-402 (Maryland General Assembly)statute
- Md. Code, Courts and Judicial Proceedings 10-410, Civil liability (Maryland General Assembly)statute
- Md. Code, Commercial Law 14-4702, Consumer data privacy: scope (Maryland General Assembly)statute
- RCFP Reporter's Recording Guide: Marylandguide
- RCFP: Introduction to the Reporter's Recording Guideguide
Other states
More free tools
Questions
Is Maryland a one-party consent state?
No. Everyone on the call must agree before you record it. Maryland's wiretap law lets a party record only when all parties have given prior consent, and a violation is a felony.
Can a business record calls in Maryland?
Tell everyone at the start of every call that you record, and get their agreement. Maryland's consumer data privacy law (Commercial Law 14-4701 and following) covers businesses that handled data of at least 35,000 Maryland consumers in the previous year, or 10,000 if over 20% of revenue came from selling personal data.
What counts as consent in Maryland?
Every party must give prior consent. Announce the recording at the start and ask for a yes. A person who is warned and keeps talking is generally treated as consenting, but a recorded yes is the safest proof.
What happens if you record a call illegally in Maryland?
A violation is a felony: up to 5 years in prison, a fine up to $10,000, or both. Victims can sue for at least $100 a day or $1,000, 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.
