Hawaii Phone Recording Laws: One-Party Consent for Calls

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

Hawaii has two laws here, so the answer depends on what you record and where. On phone calls, it isn't a two-party state.

Phone calls: one-party. Haw. Rev. Stat. § 803-42(b)(3)(A) lets a private person intercept a call "when the person is a party to the communication or when one of the parties to the communication has given prior consent." A party is a person on the call.

You lose that protection if your purpose is to commit a crime or to wrong someone in a way they could sue over. The privacy law points the same way, banning interception of a phone message "without the consent of the sender or receiver."

Private places: more people may have to agree. The privacy law also bans using, "in any private place, without consent of the person or persons entitled to privacy therein," a device for "recording" sounds or events there.

What counts as private? Hawaii's definition says a place "where one may reasonably expect to be safe from casual or hostile intrusion or surveillance." It leaves out "a place to which the public or a substantial group thereof has access."

It's unclear if this rule covers a call recorded from a private place, or a person in the conversation carrying a recorder. So in a home, an office or anywhere else private, get everyone's OK first.

A call from a coffee shop vs. a hidden recorder

• Fine: You call your landlord from a coffee shop and record the call. You're on it, so your consent is enough.
• Not fine: You hide a recorder in someone's home, and no one entitled to privacy there agreed.

Penalties for illegal recording in Hawaii

	Wiretap law	Privacy law
The crime	A felony	A misdemeanor
Prison	Up to 5 years	Up to 1 year
Fine	Up to $10,000	Up to $2,000
Other		The court may order the recording destroyed

The wiretap law also lets people sue the violator and anyone who arranged it.

	Civil suit under § 803-48
Damages	At least $10,000. More if $100 a day, or actual losses plus the violator's profits, comes to more
Punitive damages	Where appropriate
Fees	A reasonable attorney's fee and other litigation costs
Other relief	Other court orders, including early ones

Can a business record your call in Hawaii?

Hawaii's wiretap law lets a business on the call record without announcing it. The other person's state may require consent, so announce it anyway.

It's unclear if the private-place rule reaches a business recording its own calls, so don't count on being outside it.

If you run a business: skip "this call may be recorded." Say "we record" instead, because it's a clearer warning.

If you're the customer: federal law can treat staying on the line as consent, based on what you knew. A federal appeals court found that for someone warned many times (Griggs-Ryan v. Smith). That isn't a Hawaii ruling.

What if the other person is in another state?

Calls between Hawaii and the mainland raise this often. Say you record in Honolulu and the other person is in Los Angeles. California's law requires all parties' consent, and that state's top court applied California law to a business recording its calls with people there.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. Saying you're recording at the start is the easy way to do that.

Running a call center or sales team in Hawaii?

Our advice: announce the recording at the very start of every call, inbound and outbound. Hawaii's own rule may not require it, but the law where the other person is may require consent, and this covers them without working out where each one is.

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 Hawaii

People in Hawaii filed 8,832 fraud reports with the FTC in 2024 and reported about $61.6 million lost, with a median loss of $600. 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 Hawaii?

A person on the call can generally record it in Hawaii, unless the recording is meant to commit a crime or wrong someone. If the caller is in a stricter state, that state's rule may apply too.

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 Hawaii Department of Commerce and Consumer Affairs, Office of Consumer Protection, 1-844-808-3222. 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 Hawaii

CallTutor's analysis of 292 calls from Hawaii area codes, August through October 2026, found a credit card number read out loud on 19.9% 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 Hawaii. 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.

Hawaii recording law FAQ

Is Hawaii a one-party consent state?

Yes, for phone calls. Hawaii's wiretap law allows a recording if you're on the call or one person on it agreed first, unless your purpose is a crime or another wrong.

Is Hawaii a two-party consent state?

Not for phone calls. In Hawaii, a device used in a private place needs consent from those entitled to privacy there, which can mean more than one person.

In Hawaii, can someone record me without telling me?

On a phone call, yes, if that person is on the call or one person on it agreed first. In a private place, a device needs consent from those entitled to privacy there.

Is a place open to the public a private place in Hawaii?

No. Hawaii's definition leaves out a place where the public or a substantial group has access.

Can I sue over an illegal recording in Hawaii?

Yes. Hawaii's wiretap law allows at least $10,000, plus fees. The award is more if $100 a day, or actual losses plus the violator's profits, comes to more.

Recording laws in nearby states

• California phone recording laws (two-party)
• Alaska phone recording laws (one-party)

See all one-party consent states, 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.