Can you record a phone call in Massachusetts?
Everyone on the call must know before you record it. Massachusetts makes secret recording a crime even when nobody expects privacy, but if everyone clearly knows, a separate yes is not required.
- Phone calls
- The Massachusetts wiretap law (General Laws chapter 272, section 99) makes it a crime to secretly record a wire or oral communication unless all parties gave prior authority. A recording is secret when a person does not actually know about it (Commonwealth v. Jackson, 1976). It applies to phone calls even when nobody expects privacy. Federal law is one-party, but this stricter rule governs.
- Business calls
- Announce the recording at the start of every call so that everyone knows, and keep the announcement on the recording. A hidden recording of a business call is a crime like any other. Massachusetts law may also apply when you call someone there from another state.
- What counts as consent
- What counts is that everyone actually knows, shown clearly by what they say or do (Commonwealth v. Jackson, 1976). Telling people at the start, or recording in plain sight, works (Commonwealth v. Hyde, 2001). Once all parties are aware, a separate yes is not needed (Curtatone v. Barstool Sports, 2021).
- Penalties
- Secret recording is a felony: up to 5 years in prison and a fine up to $10,000. Victims can sue for actual damages of 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 2020 the federal appeals court for Massachusetts held the law cannot be used against secretly recording police officers doing their jobs in public (Project Veritas v. Rollins). This does not cover private or business calls.
- The law has no privacy exception: secretly recording even a conversation in public is covered (Commonwealth v. Hyde, 2001).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Mass. Gen. Laws ch. 272, s. 99, Interception of wire and oral communications (Massachusetts Legislature)statute
- Project Veritas Action Fund v. Rollins, Nos. 19-1586, 19-1629, 19-1640 (1st Cir. 2020)court
- 18 U.S.C. 2511, federal Wiretap Act (U.S. Code on GovInfo)statute
- RCFP Reporter's Recording Guide: Massachusettsguide
- RCFP: Introduction to the Reporter's Recording Guideguide
Other states
More free tools
Questions
Is Massachusetts a one-party consent state?
No. Everyone on the call must know before you record it. Massachusetts makes secret recording a crime even when nobody expects privacy, but if everyone clearly knows, a separate yes is not required.
Can a business record calls in Massachusetts?
Announce the recording at the start of every call so that everyone knows, and keep the announcement on the recording. A hidden recording of a business call is a crime like any other. Massachusetts law may also apply when you call someone there from another state.
What counts as consent in Massachusetts?
What counts is that everyone actually knows, shown clearly by what they say or do (Commonwealth v. Jackson, 1976). Telling people at the start, or recording in plain sight, works (Commonwealth v. Hyde, 2001). Once all parties are aware, a separate yes is not needed (Curtatone v. Barstool Sports, 2021).
What happens if you record a call illegally in Massachusetts?
Secret recording is a felony: up to 5 years in prison and a fine up to $10,000. Victims can sue for actual damages of 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.
