Massachusetts Phone Recording Laws: Two-Party Consent

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

Massachusetts is what people call a two-party state. The statute says "all parties," so it covers every person on the call.

The rule is in G.L. c. 272, § 99. It defines interception as "to secretly hear, secretly record, or aid another to secretly hear or secretly record" a call or conversation "by any person other than a person given prior authority by all parties to such communication."

So one person's okay isn't enough for a secret recording. That's true even if that person is you.

Secrecy is what makes Massachusetts different. In Commonwealth v. Jackson, the state's highest court said the law reaches only secret use of a device. The law doesn't require anyone to tell a caller. But if a caller actually knows about the recording, it isn't secret. Clear, unmistakable signs that the person knew can prove it.

• Phone calls. Secret recording needs prior authority from everyone.
• In-person talks. The same rule applies. Commonwealth v. Hyde says the law doesn't depend on whether the speaker expected privacy.

Secret or not is the test:

• Fine. You say "I'm recording this call" at the start, and the other person says okay.
• Not fine. You secretly record your own call with your landlord. Being on the call doesn't help, because it's still a secret recording.

Penalties for illegal recording in Massachusetts

	What the law says
Prison	Up to 5 years in state prison, or up to 2.5 years in a jail or house of correction
Fine	Up to $10,000, alone or with one of those terms
Repeat offense	This recording law sets no higher penalty
Who can sue	Anyone whose call or conversation was secretly recorded, disclosed, or used, or whose privacy or property rights were violated by it, under § 99(Q)
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

Massachusetts court cases

If you run a business, tell every caller and don't count on these wins. Two organizations won only on a narrow phone equipment exception. A newer suit argues that a standard notice doesn't cover an outside AI vendor.

• O'Sullivan v. NYNEX (1997). NYNEX randomly recorded about 90,000 telemarketing calls to customers for quality control and didn't tell them. The state's highest court ruled for NYNEX under the "telephone equipment" exception.
• Dillon v. MBTA (2000). The transit agency recorded nearly all phone lines at its main operational centers, and employees sued as a class. The Appeals Court ruled for the agency under the same exception, even if the recording was secret.
• Reyes v. 1-800-Flowers.com (2023). The complaint says an AI phone assistant vendor intercepted callers in real time and kept transcripts. It argues that "Your call may be recorded for quality assurance purposes" gave no notice of a third party. This is only an allegation, not a ruling.

Can a business record your call in Massachusetts?

An ordinary business shouldn't record callers in secret here, so it should tell every caller at the start of the call.

Don't count on the telephone equipment exception behind those two wins. That exception covers equipment a phone company supplies under its published service terms, which a customer uses as a normal part of its business, or a phone company's own use. So don't rely on it for third-party recording software. No case we read extends it that far.

"This call may be recorded" can help give callers that knowledge, since the question in Massachusetts is what the caller actually knew. No Massachusetts ruling we read says what wording is enough, so don't rely on a vague notice.

Say "we record" instead, because it's a clearer warning. Under federal law, Griggs-Ryan v. Smith found consent when someone kept talking after repeated warnings.

What if the other person is in another state?

A recording made outside Massachusetts may not support a suit here, but don't rely on that. In MacNeill Engineering v. Trisport, a federal court applying Massachusetts law looked at a call from Massachusetts that was recorded in England.

The court said recording outside the state doesn't create a right to sue "even if the call originated within Massachusetts." The court left open what happens if the recording is disclosed inside Massachusetts.

A Massachusetts state court could see this differently. California's top court applied California law to a business in another state that recorded calls with people in California.

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 Massachusetts?

Our advice: announce the recording at the very start of every call, inbound and outbound. In Massachusetts, 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 Massachusetts

People in Massachusetts filed 40,845 fraud reports with the FTC in 2024 and reported about $210.3 million lost, with a median loss of $425. 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 Massachusetts?

Not secretly. Massachusetts 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 Massachusetts Attorney General's Office, Consumer Advocacy & Response Division, (617) 727-8400. 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 Massachusetts

CallTutor's analysis of 2,258 calls from Massachusetts area codes, August through October 2026, found a credit card number read out loud on 24.6% 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 Massachusetts. 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.

Massachusetts recording law FAQ

Is Massachusetts a one-party consent state?

No. Massachusetts bars secret recording unless all parties gave prior authority, so one person's okay isn't enough.

Is Massachusetts a two-party consent state?

Yes. Massachusetts requires prior authority from all parties for a secret recording, not just two people.

In Massachusetts, can someone record me without telling me?

Not secretly, unless everyone gave prior authority. If you actually know about the recording, the law doesn't apply, even if no one told you.

Can I record a call in Massachusetts if I tell the other person?

Generally yes. The Massachusetts law reaches only secret recording. The state's highest court says the statute doesn't apply if the other person actually knows.

Does "this call may be recorded" make it legal in Massachusetts?

It can help. What counts in Massachusetts is what the caller actually knew, and no case we read settles those words.

Recording laws in nearby states

• Connecticut phone recording laws (depends)
• New Hampshire phone recording laws (two-party)
• New York phone recording laws (one-party)
• Rhode Island 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.