New Hampshire Phone Call Recording Laws

New Hampshire requires all-party consent before recording any phone call under RSA 570-A:2. Every participant must agree before you press record. A person who willfully records without that consent commits a Class B felony; a participant who knowingly records without consent faces a misdemeanor charge.

New Hampshire has one of the strictest phone call recording laws in the United States. Under RSA 570-A:2, you must obtain consent from every person on the call before pressing record. Unlike the majority of states that allow one-party consent, New Hampshire treats secret phone call recording as a serious criminal offense.

This guide covers everything you need to know about recording phone calls in the Granite State, including personal calls, business calls, interstate calls, VoIP and video calls, penalties for violations, and how to record calls legally.

The All-Party Consent Requirement for Phone Calls

What the Law Says

Under RSA 570-A:2, it is illegal to intercept any telecommunication without the consent of all parties. The term "telecommunication" is defined in RSA 570-A:1 as any communication made through the transmission of electronic signals. This definition covers:

• Landline telephone calls
• Cell phone calls on any carrier or network
• VoIP calls through services like Zoom, Microsoft Teams, Google Meet, Skype, or similar platforms
• Video calls via FaceTime, WhatsApp, Signal, or other applications (audio component)
• Conference calls with any number of participants
• Calls through messaging apps that transmit voice data

The law does not distinguish between recording the full call and recording only a portion. Pressing record at any point during a call without all-party consent violates the statute.

Consent Requirements

To legally record a phone call in New Hampshire:

1. Inform every person on the call that you wish to record before the recording begins
2. Obtain explicit consent from each participant, either verbally or in writing
3. If any person declines, you must not record the call
4. On conference calls, every participant must consent, not just the host or organizer
5. Document the consent at the beginning of the recording by having each person verbally acknowledge their agreement

Simply stating "this call is being recorded" without receiving affirmative consent from each party is not sufficient under New Hampshire law. The statute requires actual consent, not mere notification.

Two-Tier Criminal Liability

New Hampshire's phone call recording law creates two levels of criminal exposure based on the recorder's mental state:

Class B Felony (RSA 570-A:2, I): A person who willfully intercepts a phone call without all-party consent commits a Class B felony. This applies to both participants and third parties (such as someone tapping a phone line). The maximum penalty is 7 years in state prison and a $4,000 fine under RSA 651:2.

Misdemeanor (RSA 570-A:2, I-a): A person who knowingly intercepts a phone call when they are a party to the call, or when one party has given prior consent, commits a misdemeanor. RSA 570-A:2, I-a does not itself set a penalty class: under RSA 625:9, it defaults to a Class B misdemeanor (no jail, up to a $1,200 fine) unless the State elects Class A treatment before arraignment or a violence element applies, raising the maximum to 1 year in jail and a $2,000 fine under RSA 651:2.

The New Hampshire Supreme Court clarified this two-tier framework in State v. Clark (2024) and State v. Hersom (January 2025), confirming that the distinction between "willfully" and "knowingly" determines whether the offense is a felony or misdemeanor.

Recording Personal Phone Calls

Can You Record Your Own Phone Calls?

Not without consent from the other person. Unlike the 38 states that follow one-party consent, New Hampshire does not allow you to secretly record a phone call you are participating in. Even though you are a party to the call, you must still obtain consent from every other person before recording.

If you record your own phone call without consent:

• You face a misdemeanor charge under RSA 570-A:2, I-a (if you acted "knowingly")
• You face a potential felony charge under RSA 570-A:2, I (if you acted "willfully")
• The other party can sue you for civil damages of at least $1,000 under RSA 570-A:11

Common Personal Scenarios

Recording a call with your landlord: You must inform your landlord and get their consent before recording. While documenting conversations about repairs or lease disputes is understandable, secret recording is illegal.

Recording a call with your ex-spouse or co-parent: Custody and divorce disputes often create a desire to record calls. In New Hampshire, you must obtain the other person's consent. If they decline, keep detailed written notes of the conversation instead.

Recording a call with a contractor or service provider: You need their consent before recording. Consider sending a follow-up email summarizing what was discussed to create a written record.

Recording threatening or harassing calls: Even if someone is making threats over the phone, secretly recording the call is technically illegal. Contact law enforcement, who may be able to obtain authorization to record under RSA 570-A:2, II(d) for harassing telephone calls.

Recording Business Phone Calls

Employer Call Recording Requirements

New Hampshire businesses that record phone calls must comply with the all-party consent requirement. This involves:

• Pre-call announcements: Automated messages stating "this call may be recorded for quality assurance purposes" should play before any conversation begins
• Opt-out opportunity: Callers must have the ability to decline recording, typically by hanging up or pressing a key to proceed without recording
• Employee consent: Employees whose calls are recorded must also give consent, usually through employment agreements or written acknowledgments
• Documentation: Companies should maintain written recording policies that specify which calls are recorded, retention periods, and access controls
• Training: Staff must be trained on proper procedures for initiating and managing recorded calls

Customer Service and Support Calls

Businesses operating customer service centers in New Hampshire should implement these practices:

• Play a recording notification before the customer is connected to an agent
• Give the customer a clear option to decline recording
• Ensure agents know how to disable recording if a customer requests it mid-call
• Store recorded calls securely and limit access to authorized personnel
• Follow data retention policies that specify how long recordings are kept

Compliance With Federal Law

In addition to New Hampshire state law, businesses must comply with federal regulations:

• The FCC requires that at least one party consent to recording interstate calls
• The Telephone Consumer Protection Act imposes additional requirements for telemarketing calls
• New Hampshire's stricter all-party consent standard supersedes the federal one-party consent standard for calls involving New Hampshire parties

Interstate Phone Call Recording

Which Law Applies?

When a phone call crosses state lines, determining which recording law applies becomes more complex. The general principle is that the stricter law governs:

• Calling from New Hampshire to a one-party consent state: You must follow New Hampshire's all-party consent rule because you are in New Hampshire
• Calling from New Hampshire to another all-party consent state: Both states' laws apply, reinforcing the need for all-party consent
• Receiving a call in New Hampshire from a one-party consent state: The caller may believe they can record freely, but New Hampshire law still applies to your end of the conversation

Neighboring State Comparison

If you are in New Hampshire calling someone in Vermont or Maine, you still need all-party consent because you are subject to New Hampshire law. If you are calling someone in Massachusetts, both states require all-party consent.

Tips for Interstate Calls

• When in doubt, get consent. Always inform the other party and obtain their agreement before recording
• Business calls across state lines should follow the strictest applicable standard
• Document consent on the recording itself for legal protection
• Be aware of federal law as an additional baseline requirement

VoIP and Virtual Meeting Recording

Zoom, Teams, and Google Meet

Virtual meetings present unique challenges in New Hampshire:

• Platform recording features (such as Zoom's built-in recorder) typically notify all participants with a visual or audio alert. However, notification alone is not consent under New Hampshire law.
• All participants must affirmatively agree before recording begins
• Chat-based consent (typing "I consent" in the chat) may not be sufficient. Verbal consent recorded at the beginning of the meeting is stronger evidence.
• Participants who join late must also consent before their portion of the meeting is recorded
• Third-party recording tools that capture audio without participant notification are particularly risky

Best Practices for Virtual Meeting Recording

1. Announce your intent to record at the start of every meeting
2. Ask each participant to verbally confirm consent
3. Wait for all confirmations before activating the recording
4. Note any participants who join after recording started and obtain their consent
5. Document your recording policy and share it with regular meeting participants in advance

Penalties for Illegal Phone Call Recording

Criminal Penalties

Civil Liability

Under RSA 570-A:11, any person whose phone call is illegally recorded may sue for:

• Liquidated damages of $100 per day of violation or $1,000, whichever is higher
• Actual damages if they exceed the liquidated minimum
• Punitive damages for egregious conduct
• Attorney fees and litigation costs

Evidence Suppression

Under RSA 570-A:6, phone call recordings obtained through a felony violation of the wiretapping law may be suppressed in court proceedings. However, following the State v. Clark (2024) decision, recordings that constitute only a misdemeanor violation are not subject to suppression and may be admitted as evidence.

Law Enforcement Phone Recording

Police Recording of Phone Calls

Law enforcement officers in New Hampshire may record phone calls with one-party consent under the narrow exception in RSA 570-A:2, II(d), but only when:

• Investigating organized crime, wiretapping offenses, solid waste violations, or harassing/obscene telephone calls
• The Attorney General or designated assistant has authorized the recording
• A written memorandum is prepared within 72 hours

For other investigations, law enforcement must obtain a wiretap warrant through the courts.

Reporting Harassing Calls

If you receive threatening or harassing phone calls, report them to local law enforcement rather than attempting to record them yourself. Police may be able to obtain legal authorization to record incoming harassing calls under the RSA 570-A:2, II(d) exception.

Alternatives to Recording Phone Calls

Because New Hampshire makes it difficult to legally record phone calls without the other party's knowledge, consider these alternatives:

• Take detailed notes during or immediately after the call, including date, time, duration, and key points discussed
• Send a follow-up email summarizing the conversation and asking the other party to confirm or correct your summary
• Use a witness: Have a trusted person present during the call (on speakerphone) who can later provide testimony about what was said
• Request written confirmation of important agreements, decisions, or commitments made during the call
• Keep a call log with dates, times, and brief descriptions of what was discussed

More New Hampshire Recording Laws

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