Maine Phone Recording Laws: One-Party Consent for Calls
Doug Breaker · November 2, 2026
Is Maine a one-party or two-party consent state?
Maine isn't a two-party state. It gets to one-party by the way it defines the crime.
15 M.R.S. § 710 makes it a crime to intercept "any wire or oral communication." Maine's definition then says who can't intercept at all. "Intercept" means to hear or record through a device "by any person other than" three groups:
- The sender or receiver.
- A person within the range of normal unaided hearing.
- "A person given prior authority by the sender or receiver."
Phone calls. If you're on the call, you're the sender or receiver. If you aren't, one of them can authorize you ahead of time. Note "prior." Asking afterward doesn't fit those words.
In-person talks. The same definition covers oral communication, so the same three groups are outside it.
But a separate crime covers anyone who installs or uses, "in a private place without the consent of the person or persons entitled to privacy in that place, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place." Maine's meaning of private place there includes changing or dressing rooms, bathrooms and similar places.
So most talks follow the one-party rule. In those private places, get consent from everyone entitled to privacy there.
A call with your mechanic vs. a recorder in a dressing room
- Fine: You record your own call with a mechanic in Portland. You're on the call, so you don't have to say so.
- Not fine: You hide a recorder in a dressing room, and the people using it never agreed.
Penalties for illegal recording in Maine
| Interception or disclosure (15 M.R.S. § 710) | Violation of privacy (17-A M.R.S. § 511) | |
|---|---|---|
| The crime | A crime | A crime |
| Prison | Up to 5 years, under § 1604 | Less than 1 year |
| Fine | Up to $5,000 for an individual, under 17-A M.R.S. § 1704 | Up to $2,000 for an individual |
Knowingly disclosing or using what was intercepted is also a crime, with the same penalties.
You can also sue:
| Civil suit under 15 M.R.S. § 711 | |
|---|---|
| Who can sue | Anyone in a conversation intercepted, disclosed or used in violation |
| Damages | At least $100 for each day of violation. More if your actual losses come to more |
| Punitive damages | None stated in § 711 |
| Fees | A reasonable attorney's fee and other litigation disbursements |
Maine court cases
If you record your own staff in Maine, tell them how it works and that it covers them. A vague notice may not protect you.
Williams v. Poulos (a federal appeals court, 1993). The former owners of Consolidated Auto Recyclers put in a system that recorded employee calls at the company's Maine headquarters, and an attorney used and disclosed what was on the tapes.
The trial court found liability under federal law and Maine's law, and blocked further use. The appeals court rejected the business phone extension and consent defenses and affirmed. No damages were awarded.
Can a business record your call in Maine?
Maine doesn't make a business announce recording on its own customer calls. The other person's state may require consent, so announce it anyway.
If the business is the sender or receiver on your call, the definition leaves it out. Recording its own staff is riskier. In Williams v. Poulos, the court said implied consent "should not be casually inferred."
An employee told only of "monitoring," not how it worked or that his own calls were included, wasn't shown to have consented. The court also said the exception for business phone extensions appears only in the federal act, so a business can't lean on it under Maine's law.
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: if you stay on the line after that notice, you may count as consenting under federal law. The same appeals court found consent where a person was warned many times (Griggs-Ryan v. Smith).
What if the other person is in another state?
California is the usual example of a stricter state: its law requires everyone's consent, and its top court applied California law to a business recording calls with people there.
Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule.
Running a call center or sales team in Maine?
Our advice: announce the recording at the very start of every call, inbound and outbound. Maine'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.
- Ask first. "We record our calls for quality and coaching. Is that okay with you?"
- Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
- 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.
- If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
- 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 Maine
People in Maine filed 7,675 fraud reports with the FTC in 2024 and reported about $29.3 million lost, with a median loss of $350. 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 Maine?
A person on the call can generally record it in Maine, 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 Maine Attorney General, Consumer Protection Division, 207-626-8849. 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 Maine
CallTutor's analysis of 997 calls from Maine area codes, August through October 2026, found a credit card number read out loud on 23.2% of them, 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 Maine. 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.
Maine recording law FAQ
Is Maine a one-party consent state?
Yes, for phone calls and most conversations. In Maine, the sender or receiver can record, or can give someone prior authority.
Is Maine a two-party consent state?
No. In Maine, a device in a private place like a bathroom or dressing room does need consent from those entitled to privacy there.
In Maine, can someone record me without telling me?
On a phone call, yes, if that person is the sender or receiver or has prior authority from one of them. A device in a private place needs consent.
Can my employer record my work calls in Maine?
Telling you only about "monitoring" may not be enough. A federal appeals court said a Maine employee told that much wasn't shown to have consented, and it held the owners liable.
Can I sue over an illegal recording in Maine?
Yes. A person in the conversation can sue under Maine law for at least $100 per day of violation, plus attorney's fees. The award is more if actual losses come to more.
Recording laws in nearby states
- New Hampshire phone recording laws (two-party)
- Massachusetts phone recording laws (two-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.
About the author. Doug Breaker ran a support team that took 5,000 calls a week and now runs CallTutor, which cleans call recordings for companies that take payments by phone. He isn't a lawyer.
