New Hampshire Phone Recording Laws: Two-Party Consent

Is New Hampshire a one-party or two-party consent state?

New Hampshire is two-party, and the law says "all parties," so every person on the line counts.

What sets New Hampshire apart is that the law has two levels of crime:

• Someone outside the call. RSA 570-A:2, I makes it a felony to intercept a call or conversation "without the consent of all parties to the communication."
• Someone on the call. The next part of that law makes it a misdemeanor to record "when the person is a party to the communication or with the prior consent of one of the parties to the communication."

In many states, recording your own call is legal. Here, it's still a crime, just a lesser one.

Phone calls and in-person talks fall under the same rule. In person, RSA 570-A:1, II protects a person "who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation." So talk where nobody could reasonably expect privacy isn't protected.

Why the landlord's yes matters:

• Fine. You ask your landlord if you can record the call, and he says yes.
• Not fine. You secretly record your own call with your landlord. Being on the call only lowers the charge to a misdemeanor.

Penalties for illegal recording in New Hampshire

	Outside the call	On the call, or with one party's consent
The crime	A felony	A misdemeanor, at the lower level by default
Prison	Up to 7 years	By default, no jail. At the higher level: up to 1 year
Fine	Up to $4,000, or up to double the gain	By default, up to $1,200. At the higher level: up to $2,000
Company fine	Up to $100,000	Up to $20,000

The default is in RSA 625:9. The higher level applies if the state files notice by the arraignment hearing, the crime involves violence, or the charge is filed directly in superior court. Sentences and fines are in RSA 651:2. The recording law states no higher penalty for a repeat offense.

You can also sue. Under RSA 570-A:11, a person whose call or conversation was intercepted, disclosed, or used in violation of the law can recover at least $1,000. More if actual losses, or $100 for each day of the violation, come to more. Punitive damages, a reasonable attorney's fee, and litigation costs are on top of that.

New Hampshire court cases

If you employ people, don't secretly record staff, and don't use a call someone else intercepted. These two cases show the risk.

• Desilets v. Wal-Mart Stores (1999). Voice-activated recorders hidden at the Claremont store captured four night-shift employees' private conversations. These weren't phone calls. A jury awarded each worker $20,000 under federal law and $2,000 under the New Hampshire statute. The state award wasn't paid on top. On appeal, a federal appeals court cut each award to $10,000, or $40,000 total, and affirmed attorney fees.
• Karch v. BayBank (2002). Someone overheard an employee's call on a radio scanner and told the bank, which allegedly used it to discipline her. The New Hampshire Supreme Court reversed the dismissal of the wiretapping and eavesdropping claims against the bank, even though the bank didn't make the interception.

Can a business record your call in New Hampshire?

Only with everyone's consent, so a business should announce the recording at the start of every call. The listed exceptions, for phone companies and public utilities, don't cover an ordinary business.

Can "this call may be recorded" create consent? It might. In Fischer v. Hooper (1999), not a customer call, the state's top court accepted a jury instruction saying "Consent may be express or it may be implied from the conduct of the person under all the surrounding circumstances."

We found no case on the exact notice that creates consent, so give a clear notice at the start. That isn't a guarantee. Say "we record" instead, because it's a clearer warning.

Federal law can also treat staying on the line as consent, as in Griggs-Ryan v. Smith. But the federal rule doesn't excuse a violation of New Hampshire's.

What if the other person is in another state?

Your call to Boston or Los Angeles could involve another state's law too. California is the well-known example. California's top court applied its all-party law to a business in another state.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. New Hampshire is already strict, so getting everyone's consent is the habit to keep.

Running a call center or sales team in New Hampshire?

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

People in New Hampshire filed 8,838 fraud reports with the FTC in 2024 and reported about $34.6 million lost, with a median loss of $325. 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 New Hampshire?

Not secretly. New Hampshire 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 New Hampshire Department of Justice, Consumer Protection & Antitrust Bureau (contact listing). 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 New Hampshire

CallTutor's analysis of 576 calls from New Hampshire area codes, August through October 2026, found a credit card number read out loud on 21.0% 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 New Hampshire. 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.

New Hampshire recording law FAQ

Is New Hampshire a one-party consent state?

No. In New Hampshire, recording with one person's consent is still a misdemeanor, even if that person is you.

Is New Hampshire a two-party consent state?

Yes. The New Hampshire law requires the consent of all parties, for phone calls and in-person conversations.

In New Hampshire, can someone record me without telling me?

Not legally, unless an exception applies. Everyone has to consent, even when the person recording is on the call.

Is recording someone a felony in New Hampshire?

It can be. In New Hampshire, someone outside the call with no one's consent faces a felony, with up to 7 years in prison.

Can I sue if I'm recorded illegally in New Hampshire?

Yes. You can recover at least $1,000 in New Hampshire. More if actual losses, or $100 a day, come to more. Punitive damages and attorney's fees are also available.

Recording laws in nearby states

• Maine phone recording laws (one-party)
• Massachusetts phone recording laws (two-party)
• Vermont 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.