Can you record a phone call in New York?
One-party consent: you may record a call you take part in without telling the others. New York's eavesdropping law only punishes recording by someone who is not a party and has no party's consent.
- Phone calls
- New York's eavesdropping law (Penal Law 250.00 and 250.05) defines wiretapping as recording a telephone call by someone other than a sender or receiver, without the consent of either. Recording an electronic communication without the consent of the sender or intended receiver is also eavesdropping. A participant's own recording is therefore lawful, and courts apply this to mobile and cordless phones.
- Business calls
- New York law requires no announcement, but announce when the other person may be in an all-party state. Employers that monitor staff phone calls, email or internet use must give written notice at hiring, get an acknowledgment and post a notice (Civil Rights Law 52-c, since May 2022). New York has no general consumer privacy law as of 2026.
- What counts as consent
- Your own consent as a party is enough; no beep or announcement is required. For in-person talk, conversations that bystanders can easily overhear carry no expectation of privacy (McLaughlin v. McLaughlin, 2013).
- Penalties
- Eavesdropping is a class E felony: up to 4 years in prison and a fine up to $5,000 or twice the gain. The eavesdropping law gives no right to sue, but federal law (18 U.S.C. 2520) does.
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 require all-party consent (S.5070 and S.5077, 2025-2026 session) sit in the Senate Codes Committee. Similar bills have failed in every session since 2018.
- Calling someone in an all-party state such as California? Their law may apply. California's Supreme Court applied its all-party rule to calls a broker recorded in Georgia (Kearney v. Salomon Smith Barney, 2006).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- New York Penal Law 250.00, Eavesdropping and video surveillance: definitionsstatute
- New York Penal Law 250.05, Eavesdroppingstatute
- New York Civil Rights Law 52-c, Employers engaged in electronic monitoringstatute
- Reporters Committee for Freedom of the Press: New York recording guideguide
- RecordingLaw.com: New York recording lawsguide
Other states
More free tools
Questions
Is New York a one-party consent state?
Yes. One-party consent: you may record a call you take part in without telling the others. New York's eavesdropping law only punishes recording by someone who is not a party and has no party's consent.
Can a business record calls in New York?
New York law requires no announcement, but announce when the other person may be in an all-party state. Employers that monitor staff phone calls, email or internet use must give written notice at hiring, get an acknowledgment and post a notice (Civil Rights Law 52-c, since May 2022). New York has no general consumer privacy law as of 2026.
What counts as consent in New York?
Your own consent as a party is enough; no beep or announcement is required. For in-person talk, conversations that bystanders can easily overhear carry no expectation of privacy (McLaughlin v. McLaughlin, 2013).
What happens if you record a call illegally in New York?
Eavesdropping is a class E felony: up to 4 years in prison and a fine up to $5,000 or twice the gain. The eavesdropping law gives no right to sue, but federal law (18 U.S.C. 2520) does.
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.
