Maine Phone Call Recording Laws: Consent Rules for Cell, Landline, and VoIP (2026)
Maine allows you to record your own phone calls under a one-party consent framework. Under 15 M.R.S.A. section 710 and section 712, you can legally record any telephone conversation you are a party to without informing or obtaining consent from the other participants. This guide covers the specific statutes governing phone call recording in Maine, criminal and civil penalties for violations, cross-state calling rules, and practical guidance for common recording situations.
Maine One-Party Consent for Phone Calls
The Core Statutes
Maine's phone call recording laws are found in Title 15, Chapter 102 of the Maine Revised Statutes:
- 15 M.R.S.A. section 710 establishes criminal penalties for unauthorized interception of wire and oral communications
- 15 M.R.S.A. section 712 provides the one-party consent exception that makes personal recording legal
- 15 M.R.S.A. section 711 creates a civil cause of action for victims of illegal interception
Under section 712, it is not unlawful for a person to intercept a wire or oral communication when that person is a party to the communication. Your participation in the phone call satisfies the consent requirement.
What One-Party Consent Means for Phone Calls
Under Maine's one-party consent framework:
- You can record any phone call you are part of without telling the other person
- You can use a call recording app, external recorder, or built-in phone features
- A third party can record a call if at least one participant has given that third party consent
- Your own awareness of the recording constitutes sufficient consent
The law draws a clear line: recording calls you participate in is legal; secretly recording calls between other people that you are not part of is illegal.
Types of Phone Calls Covered
Maine's recording law applies to all types of telephone communications:
- Landline calls between traditional telephone connections
- Cell phone calls on mobile networks
- VoIP calls through platforms like Zoom, Microsoft Teams, Google Meet, and Skype
- Video calls that include audio components
- Conference calls where you are a participant
- Customer service calls where you are one of the parties
Criminal Penalties for Illegal Phone Call Recording
Classification
Unauthorized interception of phone calls in Maine is a Class C crime under 15 M.R.S.A. section 710. Penalties include:
- Up to 5 years in prison
- A fine of up to $5,000
Selling Interception Devices
Manufacturing, distributing, possessing, or advertising devices designed for interception is a Class B crime under the same statute, carrying:
- Up to 10 years in prison
- A fine of up to $20,000
Disclosing Intercepted Communications
Intentionally disclosing the contents of phone calls that were intercepted illegally is also a criminal offense under section 710. Sharing or using information obtained through illegal wiretapping carries the same Class C penalties.
Penalty Summary
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Illegal interception of phone calls | Class C crime | 5 years prison, $5,000 fine |
| Disclosing illegally intercepted calls | Class C crime | 5 years prison, $5,000 fine |
| Possessing interception devices | Class C crime | 5 years prison, $5,000 fine |
| Selling interception devices | Class B crime | 10 years prison, $20,000 fine |
Civil Liability for Illegal Phone Call Recording
Statutory Civil Remedies
Under 15 M.R.S.A. section 711, victims of illegal phone call interception can pursue civil remedies including:
- Actual damages suffered as a result of the violation
- Punitive damages at the court's discretion
- Reasonable attorney fees and litigation costs
- Preliminary and equitable relief (such as injunctions)
Statute of Limitations
Civil actions for illegal interception in Maine must be filed within the applicable limitations period. The general statute of limitations for tort actions in Maine is 6 years under 14 M.R.S.A. section 752.
Phone Call Recordings as Evidence in Maine Courts
General Admissibility
Phone call recordings made legally under Maine one-party consent are generally admissible in court. To admit a recording, the offering party must establish:
- Authentication: The recording is genuine and has not been altered
- Relevance: The recording relates to a matter at issue in the case
- Speaker identification: The voices on the recording can be identified
- Completeness: Courts may require the full recording, not just selected portions
Criminal Cases
Illegally obtained phone call recordings are generally inadmissible in criminal proceedings. Courts will suppress recordings made in violation of 15 M.R.S.A. section 710 when a proper motion is filed.
Civil Cases
In civil litigation, Maine courts apply the same authentication and relevance standards. The court retains discretion to exclude evidence when its probative value is substantially outweighed by unfair prejudice.
Family Court Proceedings
Phone call recordings are frequently offered in Maine family law cases, including divorce, custody, and protection order proceedings. Common uses include:
- Documenting verbal agreements about child custody or property
- Proving harassment, threats, or domestic abuse
- Recording conversations about finances during divorce
- Capturing evidence of parental alienation or violations of custody orders
Federal Law and Maine Phone Call Recording
The Federal Wiretap Act
The federal Wiretap Act (18 U.S.C. 2511) follows one-party consent, aligning with Maine's approach. Recordings legal under Maine law satisfy federal requirements. Federal penalties for illegal wiretapping include up to 5 years in prison and fines up to $250,000.
The Stored Communications Act
The federal Stored Communications Act (18 U.S.C. 2701) prohibits unauthorized access to stored voicemail and saved audio files.
Recording Phone Calls Across State Lines
Neighboring States
| State | Consent Requirement | Key Consideration |
|---|---|---|
| New Hampshire | Two-party consent | Must inform and get consent from all parties |
| Massachusetts | Two-party consent | Must inform and get consent from all parties |
| Vermont | One-party consent | Same rules as Maine |
Because Maine borders two two-party consent states (New Hampshire and Massachusetts), cross-border calls are a significant concern.
Calls to Two-Party Consent States
When calling someone in a two-party consent state, the stricter law may apply. To protect yourself:
- Determine where the other party is located before recording
- If the other party is in a two-party consent state, inform them of the recording
- Get explicit verbal consent at the start of the call
- The safest approach is to always announce recording when crossing state lines
Exemptions Under Maine Law
Law Enforcement Exception
Law enforcement officers in Maine can record phone calls when acting under valid court orders issued pursuant to 15 M.R.S.A. section 713.
Service Provider Exception
Telephone and internet service providers are exempt when acting in the normal course of their duties, including network monitoring for maintenance and quality control.
Emergency Exception
Maine law provides an exception for recording when an emergency situation threatens life or safety, though this exception is narrowly interpreted.
Common Phone Call Recording Scenarios
Can I Record Customer Service Calls?
Yes. As a participant in the call, you have the right to record. When a business plays an automated message stating the call may be recorded, that is the business exercising its consent rights. You have equal rights to record as the other party.
Can I Record Calls With My Lawyer?
Yes. You can record phone calls with your attorney under one-party consent. Attorney-client privilege protects the contents regardless of whether the call is recorded.
Can I Record Calls With Government Agencies?
Yes. You can record phone calls with state and federal government agencies. There is no special exception for government calls.
Can My Employer Record My Work Phone Calls?
Employers in Maine can record business calls when at least one party consents or when there is a legitimate business purpose and employees have been notified. Some employers include recording disclosures in employee handbooks or employment agreements.
AI Recording and Transcription Tools
Legal Status in Maine
Because Maine follows one-party consent, you can use AI transcription services and recording apps for phone calls you participate in, including:
- AI meeting assistants like Otter.ai and Fireflies
- Smartphone call recording apps
- Built-in transcription features in Zoom and Teams
- Wearable AI voice recorders
Practical Considerations
- Review transcripts for accuracy. AI transcription is not perfect, and errors could be problematic if used as evidence.
- Data security matters. Understand where your recordings are stored and who has access.
- Consider notice. While not required, informing the other party about AI recording can maintain professional relationships.
More Maine Laws
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- Maine Lemon Laws
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