Can you record a phone call in Pennsylvania?
Everyone on the call must consent before you record it. Pennsylvania's Wiretap Act treats a secret recording as a felony, even when you are one of the people talking.
- Phone calls
- Pennsylvania's Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. 5703 and 5704(4)) makes intercepting a wire, electronic or oral communication a third-degree felony unless all parties have given prior consent. For phone calls this applies whether or not anyone expected privacy (Commonwealth v. Deck, 2008). Pennsylvania callers must follow it even when the other person is in a one-party state.
- Business calls
- Get everyone's consent at the start of each call. One narrow exception: staff doing telephone marketing or customer service may record with one party's consent, only for training, quality control or monitoring, and must destroy recordings within a year unless another law requires keeping them. Pennsylvania has no general consumer privacy law; House Bill 78 passed the House in October 2025 but was not law by October 2026.
- What counts as consent
- Consent can be implied when a person knew or should have known the call was recorded (Commonwealth v. Byrd, 2020), so staying on the line after a clear announcement can count. An explicit yes is safer. Stop recording if anyone refuses.
- Penalties
- A third-degree felony: up to 7 years in prison and a fine up to $15,000. A person recorded unlawfully can sue for actual damages or $100 per day (at least $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
- Since February 2024 (Act 53 of 2023), a person receiving a telemarketing call or robocall may record it without telling the caller, but only to enforce telemarketing and consumer protection laws.
- In-person conversations need everyone's consent only where people reasonably expect privacy. A talk easily overheard in a busy public place may not be protected.
- Texts, emails and chats are different: a participant may keep them, because people writing online know their messages are recorded (Commonwealth v. Cruttenden, 2012).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
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Questions
Is Pennsylvania a one-party consent state?
No. Everyone on the call must consent before you record it. Pennsylvania's Wiretap Act treats a secret recording as a felony, even when you are one of the people talking.
Can a business record calls in Pennsylvania?
Get everyone's consent at the start of each call. One narrow exception: staff doing telephone marketing or customer service may record with one party's consent, only for training, quality control or monitoring, and must destroy recordings within a year unless another law requires keeping them. Pennsylvania has no general consumer privacy law; House Bill 78 passed the House in October 2025 but was not law by October 2026.
What counts as consent in Pennsylvania?
Consent can be implied when a person knew or should have known the call was recorded (Commonwealth v. Byrd, 2020), so staying on the line after a clear announcement can count. An explicit yes is safer. Stop recording if anyone refuses.
What happens if you record a call illegally in Pennsylvania?
A third-degree felony: up to 7 years in prison and a fine up to $15,000. A person recorded unlawfully can sue for actual damages or $100 per day (at least $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.
