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Maine Phone Call Recording Laws: Consent Rules for Cell, Landline, and VoIP (2026)

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 5 primary sources cited on this page. How we verify our legal content

Maine Phone Call Recording Laws: Consent Rules for Cell, Landline, and VoIP (2026)

Frequently Asked Questions

Is it legal to record a phone call in Maine without telling the other person?

Yes. Maine is a one-party consent state under 15 M.R.S.A. sections 710 and 709. As a participant in the call, your own knowledge of the recording is sufficient consent because section 709's definition of "intercept" excludes a party to the communication. You do not need to inform or get permission from the other person.

What are the penalties for illegally recording a phone call in Maine?

Illegal phone call interception is a Class C crime under 15 M.R.S.A. section 710, carrying up to 5 years in prison and a $5,000 fine. Victims can also pursue civil damages under section 711, including actual damages (or liquidated damages of $100 per day, whichever is greater) and attorney fees. Section 711 does not provide for punitive damages.

Can I record a phone call with someone in Massachusetts or New Hampshire from Maine?

Both Massachusetts and New Hampshire are two-party consent states. When calling someone in either state, the stricter law may apply. The safest approach is to inform the other party and get their consent before recording when they are in a two-party consent state.

Can I use a phone call recording as evidence in a Maine court?

Yes, if the recording was made legally under one-party consent. You must authenticate the recording by showing it is genuine, unaltered, and relevant. Illegally obtained recordings are generally inadmissible.

Can I use an app to automatically record all my phone calls in Maine?

Yes. Because Maine follows one-party consent, you can use call recording apps to capture calls you participate in. Your participation satisfies the consent requirement. Be aware that calls to two-party consent states may still require informing the other party.

Updates

Corrected a KeyTakeaway that presented a federal-law limit (recording for a criminal or tortious purpose) as if it were part of Maine's own consent statute, which contains no such limit. Clarified that Vermont's one-party consent rule rests on case law rather than a statute like Maine's. Fixed a changelog entry that had misattributed the one-party rule to the wrong statute section.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Corrected the citation for Maine's one-party consent rule: it derives from 15 M.R.S.A. section 709's definition of "intercept" (which excludes a party to the communication), not from section 712, whose four exceptions cover only carriers, law enforcement, and jail officials. Also removed punitive damages and injunctive relief, which section 711 does not authorize, from every restatement of the civil remedies list.

Governing law re-checked for recent changes

Cross-spoke accuracy check: phone call recording under 15 M.R.S. section 709(4) (one-party) confirmed current; this entry originally cited section 712 in error and was corrected August 2026. No stale FCC references found. Interstate-call dual-consent analysis (Maine + stricter neighboring state) confirmed accurate.

Reviewed and approved by an editor

Sources and References

  1. 15 M.R.S.A. section 710 - Interception of Communications (Maine Legislature)(legislature.maine.gov).gov
  2. 15 M.R.S.A. section 712 - Exceptions (Communication Carriers & Investigative Officers) (Maine Legislature)(legislature.maine.gov).gov
  3. 15 M.R.S.A. section 711 - Civil Remedies (Maine Legislature)(legislature.maine.gov).gov
  4. 18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)
  5. 15 M.R.S.A. section 713 - Court Orders for Interception (Maine Legislature)(legislature.maine.gov).gov
  6. 15 M.R.S.A. section 709 - Definitions (One-Party Consent) (Maine Legislature)(legislature.maine.gov).gov
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