Can you record a phone call in New Hampshire?
Everyone on the call must consent before you record it. New Hampshire's wiretap law makes secret recording a crime even when you are on the call yourself.
- Phone calls
- New Hampshire's wiretapping and eavesdropping law (RSA 570-A:2) bans intercepting a telecommunication or private oral communication without the consent of all parties. A participant who records knowingly commits a misdemeanor under paragraph I-a. A participant who records wilfully, meaning with intentional or reckless disregard of whether it is lawful (Fischer v. Hooper, 1999), commits a class B felony, as State v. Clark (2024) confirmed.
- Business calls
- Ask everyone for consent at the start of the call, so the recording itself shows the yes. New Hampshire's Data Privacy Act (RSA 507-H, in force since January 1, 2025) covers businesses handling personal data of at least 35,000 consumers, or 10,000 if over 25% of revenue comes from selling data. The Attorney General enforces it, with penalties up to $10,000 per violation.
- What counts as consent
- Consent can be implied when the circumstances show a person knew of the recording (State v. Locke, 1999), and courts weigh conduct, not just words (Fischer v. Hooper, 1999). An announcement followed by a clear yes is the safest proof.
- Penalties
- Knowing recording by a participant is a misdemeanor. Wilful interception is a class B felony: up to 7 years in prison and a fine up to $4,000. Civil damages: actual losses or $100 per day (minimum $1,000), plus punitive damages.
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
- Bills to allow one-party recording were killed in the House in 2024 (HB 1097) and again in February 2026 (HB 1508), so the all-party rule still applies.
- In-person conversations are covered only when the speakers reasonably expect privacy. Recording a public speech or open talk in public needs no consent.
- Under State v. Clark (2024), only felony-level recordings must be kept out of evidence; a participant's misdemeanor recording may still be used in court.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- New Hampshire RSA 570-A:2, Interception and disclosure of telecommunication or oral communications prohibitedstatute
- State v. Clark, 2024 N.H. 64, New Hampshire Supreme Courtcourt
- New Hampshire Department of Justice: Data Privacy Act FAQregulator
- Reporters Committee for Freedom of the Press: New Hampshire recording guideguide
- RecordingLaw.com: New Hampshire recording lawsguide
Other states
More free tools
Questions
Is New Hampshire a one-party consent state?
No. Everyone on the call must consent before you record it. New Hampshire's wiretap law makes secret recording a crime even when you are on the call yourself.
Can a business record calls in New Hampshire?
Ask everyone for consent at the start of the call, so the recording itself shows the yes. New Hampshire's Data Privacy Act (RSA 507-H, in force since January 1, 2025) covers businesses handling personal data of at least 35,000 consumers, or 10,000 if over 25% of revenue comes from selling data. The Attorney General enforces it, with penalties up to $10,000 per violation.
What counts as consent in New Hampshire?
Consent can be implied when the circumstances show a person knew of the recording (State v. Locke, 1999), and courts weigh conduct, not just words (Fischer v. Hooper, 1999). An announcement followed by a clear yes is the safest proof.
What happens if you record a call illegally in New Hampshire?
Knowing recording by a participant is a misdemeanor. Wilful interception is a class B felony: up to 7 years in prison and a fine up to $4,000. Civil damages: actual losses or $100 per day (minimum $1,000), plus punitive damages.
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.
