New York Phone Recording Laws: One-Party Consent

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

New York is one-party, not two-party. One person on the call has to agree, and that person can be you. A "party" is a person on the call or in the conversation.

The rule comes from New York's eavesdropping law. Penal Law § 250.05 makes eavesdropping a crime, and § 250.00 defines it:

• Phone calls. Wiretapping means recording a call "by a person other than a sender or receiver thereof, without the consent of either the sender or receiver."
• In-person talks. The crime covers recording "without the consent of at least one party thereto, by a person not present thereat."

So if you're on the call, or someone on the call says yes, you aren't wiretapping. If you're in the room, or someone in the room says yes, you're outside the in-person rule.

Federal law adds a limit. Being on the call doesn't protect a recording made to commit a crime or to wrong someone in a way they could sue over.

Your landlord's promise vs. a recorder left in a meeting:

• Fine: You're on the phone with your landlord, and you record the call so you have his promise on tape. You don't need to tell him under New York's law.
• Not fine: You leave a recorder running in a meeting room and walk out, and no one in the meeting agreed. That's eavesdropping, a felony.

Penalties for illegal recording in New York

	What the law says
The crime	A felony. A prison sentence, if the court imposes one, runs 1 to 4 years. New York calls it class E
Fine	Up to $5,000, or double what the person gained, if higher
Company fine	A corporation can face $80,000

Can you sue over it in New York state court? Don't count on it. One court refused such a suit under a similar law, and we didn't find a New York statute that sets damages for illegal recording.

Federal law does allow a suit. A court may award at least $10,000. More if $100 a day, or actual losses plus the violator's profits, comes to more. The deadline to file is two years after you could have discovered the violation.

Can a business record your call in New York?

If you run a business: New York doesn't make you announce a recording, but the law where the other person is may require consent, so many say "this call may be recorded." Say "we record" instead, because it's a clearer warning.

We didn't find a New York rule specific to customer calls. Regulated industries can have their own rules, and this page doesn't cover them.

A company on the call is a party, so its own consent meets New York's rule. The notice can help show the customer consented. Under federal law, staying on the line can count as consent, based on what the person knew. A federal appeals court found consent where someone was warned over and over, though not on a customer call.

If you're the customer: if you don't want to be recorded, you can hang up.

For parents. New York's highest court held in 2016 that a parent can agree for a minor child to the recording of a conversation. The parent needs an honest, sensible belief that recording is needed for the child's best interests.

What if the other person is in another state?

If you're in New York and the other person is in California, New York's rule isn't the only one in play. California requires everyone's consent, and its top court applied its law to a business recording calls with people in California.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. In practice, that means telling the other person you're recording and getting their okay.

Running a call center or sales team in New York?

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

People in New York filed 118,933 fraud reports with the FTC in 2024 and reported about $534.0 million lost, with a median loss of $429. 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 York?

A person on the call can generally record it in New York, 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 Office of the New York Attorney General, 1-800-771-7755. 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 York

CallTutor's analysis of 12,084 calls from New York area codes, August through October 2026, found a credit card number read out loud on 22.3% 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 York. 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 York recording law FAQ

Is New York a one-party consent state?

Yes. New York needs the consent of one person on the call or in the conversation, and that person can be you.

Is New York a two-party consent state?

No. New York is a one-party consent state for phone calls and in-person conversations.

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

Yes, if they're on the call or in the conversation, or someone in it agreed. If no one agreed, it's a felony in New York.

Can I record my boss or a coworker in New York?

If you're part of the conversation, New York's eavesdropping law doesn't stop you. Your employer can still have its own rules.

Can a recording be used in court in New York?

Not if it was made by illegal eavesdropping. New York law keeps that evidence out of trials and hearings, with an exception for proceedings against the eavesdropper.

Recording laws in nearby states

• Connecticut phone recording laws (depends)
• Massachusetts phone recording laws (two-party)
• New Jersey phone recording laws (one-party)
• Pennsylvania 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.