Maryland Phone Recording Laws: Two-Party Consent

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

Maryland is two-party, and that really means all parties. A party is just a person on the call, so a three-way call needs all three people to agree.

Maryland's wiretap law starts with a ban. Section 10-402 of the Courts and Judicial Proceedings Article says you can't "willfully intercept" a call or conversation. Then it gives the exception. Recording is lawful "where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception."

That sentence asks for two things. The person recording has to be on the call, and everyone has to agree first. Even then, you can't record to commit a crime or to wrong someone in a way they could sue over.

• Phone calls. The all-party rule applies.
• In-person talks. The same rule applies, but only to private talk. Section 10-401 covers "any conversation or words spoken to or by any person in private conversation."

Federal law is more relaxed. 18 U.S.C. § 2511(2)(d) lets a person on the call record. That federal rule doesn't help you in Maryland, because Maryland's stricter rule still applies.

Asking vs. recording in secret:

• Fine. You tell a contractor you'd like to record the call, and he says okay.
• Not fine. You secretly record your own call with your landlord. You're on the call, but he never agreed.

Penalties for illegal recording in Maryland

	What the law says
The crime	A felony, under § 10-402(b)
Prison	Up to 5 years
Fine	Up to $10,000, or prison and fine both
Repeat offense	This recording law sets no higher penalty
Who can sue	Anyone whose call or conversation was illegally intercepted, disclosed, or used
Damages	At least $1,000. More if your actual losses, or $100 for each day of the violation, come to more
Also	Punitive damages, a reasonable attorney's fee, and other litigation costs

The right to sue is in § 10-410.

Maryland court cases and settlements

If your business records calls, get consent and don't count on the law's telephone exemption. A Maryland insurer argued that exemption, lost, and later paid $500,000 to end the suit.

• Schmerling v. Injured Workers' Insurance Fund (2002). Callers said the insurer recorded calls without consent. Maryland's high court held that the recording equipment wasn't "telephone equipment" under the exemption, and sent the case back.
• Schmerling settlement (2004). The insurer said it recorded to ensure service quality. It paid $500,000 with no admission of wrongdoing. The two people named in the suit got $20,000, and the rest went to their lawyers. The court had dismissed the class claims, so no class got paid.

Can a business record your call in Maryland?

Yes, but only if everyone on the call consents first, so a business should get consent at the start of every call. Being a business doesn't change the rule.

The law does leave one thing out of its definition of a recording device: phone equipment that's supplied or connected and used as a normal part of running the business. Maryland's high court held that one insurer's separate recording system fell outside that exception, so don't count on it.

What does "this call may be recorded" do here? It's unclear if staying on the line counts as consent in Maryland, so a business shouldn't rely on it. Say "we record" instead, because it's a clearer warning. Get a clear yes.

In Griggs-Ryan v. Smith, a person kept talking after repeated warnings, and the court found consent. That's a federal rule, not a Maryland one. If you're the customer: You can end the call if you don't want to be recorded.

What if the other person is in another state?

Maryland's high court faced this in Mustafa v. State (1991). Someone in D.C. recorded calls with people in Maryland, and the recording was lawful where it was made. The court said Maryland can't ordinarily ban conduct outside its borders, but it can control evidence in its own courts. So the tapes stayed out of a Maryland court.

It's unclear if someone recording from another state can be charged in Maryland, so get everyone's consent.

Running a call center or sales team in Maryland?

Our advice: announce the recording at the very start of every call, inbound and outbound. In Maryland, getting everyone's agreement is the point of the law, and an announcement at the start is how you ask for it.

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 Maryland

People in Maryland filed 43,876 fraud reports with the FTC in 2024 and reported about $198.9 million lost, with a median loss of $435. 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 Maryland?

Not secretly. Maryland requires everyone's consent, so say you're recording first. If a scammer hangs up, you lost nothing.

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 Maryland Office of the Attorney General, Consumer Protection Division, 410-528-8662. 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 Maryland

CallTutor's analysis of 2,766 calls from Maryland area codes, August through October 2026, found a credit card number read out loud on 23.6% 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 Maryland. 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.

Maryland recording law FAQ

Is Maryland a one-party consent state?

No. Maryland requires everyone on the call to give prior consent, so being on the call isn't enough.

Is Maryland a two-party consent state?

Yes. Maryland requires all parties to agree first, so a three-way call needs all three people.

In Maryland, can someone record me without telling me?

Not legally. Everyone on a call or in a private conversation has to consent first. You can sue over a recording that breaks the rule.

Is illegal recording a felony in Maryland?

Yes. It carries up to 5 years in prison, a fine up to $10,000, or both.

How much can I sue for in Maryland?

At least $1,000. More if your actual losses, or $100 a day, come to more. You can also seek punitive damages and attorney's fees.

Recording laws in nearby states

• Delaware phone recording laws (depends)
• DC phone recording laws (one-party)
• Pennsylvania phone recording laws (two-party)
• Virginia phone recording laws (one-party)

See all two-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.