Delaware Phone Recording Laws: One or Two-Party?

Is Delaware a one-party or two-party consent state?

Delaware's laws say two different things, and both are still on the books. A "party" is a person on the call or in the conversation.

The wiretap law reads as one-party. Title 11, § 2402(c)(4) says it's lawful to intercept a communication "where the person is a party to the communication or where one of the parties to the communication has given prior consent."

That exception doesn't protect a recording made to commit a crime or to wrong someone in a way they could sue over.

The privacy law reads as two-party, meaning all parties. Title 11, § 1335(a)(4) makes it a crime if someone "Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation."

Both laws apply to phone calls and in-person talk, so the conflict is the same either way. For in-person talk, the wiretap law only covers speech made with a justified expectation that no one's intercepting it.

The privacy law applies "except as authorized by law," and those words could mean the wiretap law wins. No court we read says so, so don't rely on it.

A 1975 federal trial court rejected the all-party reading (United States v. Vespe). That ruling doesn't settle it, because it doesn't bind Delaware's courts and came before the current wiretap law.

The Reporters Committee for Freedom of the Press reports the same conflict and calls it advisable to follow the stricter privacy law.

Where Delaware's two laws agree and split

• Fine: You ask at the start of a call if you can record, and everyone says yes. That meets both laws.
• Not fine: You record a call between two other people, and neither of them agreed. That breaks both laws.

Secretly recording your own call sits in between. The wiretap law allows it, and the privacy law's words don't.

Penalties for illegal recording in Delaware

	Wiretap law (§ 2402)	Privacy law (§ 1335)
The crime	A felony (class E)	A misdemeanor (class A)
Prison	Up to 5 years	Up to 1 year
Fine	Not more than $10,000	Up to $2,300
Who can sue	A person whose communication was illegally intercepted, disclosed or used	We found no right to sue in this law
Damages	$1,000, $100 a day, or actual losses, whichever is most	Not applicable
Other money	Punitive damages, a reasonable attorneys' fee, and litigation costs	Not applicable

Can a business record your call in Delaware?

If you run a business: tell people at the start that the call is being recorded and get their okay. That's the only way to meet the words of both laws.

Being on the call lines up with the wiretap law, but not with the words of the privacy law. A business has the same problem everyone does.

It's unclear if "this call may be recorded," or a customer staying on the line, counts as consent under the privacy law. Say "we record" instead, and get a clear yes, as the script below does.

How a vendor or AI coaching tool fits isn't settled either. Federal law can find consent from what someone knew, as a federal appeals court did in Griggs-Ryan v. Smith, but that doesn't answer the question under Delaware's statute.

If you're the customer: you can decline and end the call.

What if the other person is in another state?

Delaware's own conflict makes this harder, because Delaware's own rule isn't settled.

Other states add their own rules. California's law requires everyone's consent, and its Supreme Court applied its law to a business outside California.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. If you already get everyone's consent because of Delaware's privacy law, you've handled most of this.

Running a call center or sales team in Delaware?

Our advice: announce the recording at the very start of every call, inbound and outbound. Delaware's law pulls in different directions, so this is the simple way to stay out of the gray area.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in Delaware

People in Delaware filed 7,540 fraud reports with the FTC in 2024 and reported about $34.3 million lost, with a median loss of $466. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in Delaware?

Say you're recording first. Delaware's law isn't clear enough to rely on recording in secret.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Consumer Protection Unit, Fraud & Consumer Protection Division, Delaware Department of Justice, (800) 220-5424. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in Delaware

CallTutor's analysis of 350 calls from Delaware area codes, August through October 2026, found a credit card number read out loud on 21.7% of them, a small sample, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in Delaware. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

Delaware recording law FAQ

Is Delaware a one-party consent state?

It isn't clear. Delaware's wiretap law reads that way, and its privacy law doesn't. A 1975 federal ruling rejected the all-party reading, but it doesn't bind Delaware's courts.

Is Delaware a two-party consent state?

It's unsettled. Delaware's privacy law says all parties, and its wiretap law allows one-party consent. The safe course in Delaware is to get everyone's consent.

In Delaware, can someone record me without telling me?

If they're on the call, that's unsettled: the wiretap law allows it and the privacy law's words don't. If no one in the conversation agreed, both Delaware laws bar it.

What's the penalty for illegal recording in Delaware?

Under Delaware's wiretap law, a felony: up to 5 years and $10,000. Under its privacy law, a misdemeanor: up to 1 year and $2,300.

Can I sue over a recording in Delaware?

Yes, under Delaware's wiretap law. You can recover $1,000, $100 a day or your actual losses, whichever is most, plus punitive damages and fees.

Recording laws in nearby states

• Maryland phone recording laws (two-party)
• New Jersey phone recording laws (one-party)
• Pennsylvania phone recording laws (two-party)

See states where it depends, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.