Pennsylvania Phone Recording Laws: Two-Party Consent

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

Pennsylvania is what people call two-party. A "party" is a person on the call or in the conversation, and the law means all of them, however many are on the line.

18 Pa.C.S. § 5703 makes it a felony to "intentionally" intercept "any wire, electronic or oral communication." The way out is § 5704(4), which allows recording "where all parties to the communication have given prior consent to such interception."

Consent doesn't have to be spoken. A clear warning can count as your consent, even if you never said yes. The cases section below has the ruling.

In-person talks. Pennsylvania's definition protects an oral communication when the speaker has "an expectation that such communication is not subject to interception under circumstances justifying such expectation." A private talk is covered. A speech to a crowd may not meet that test.

Federal law is looser. It lets one person on the call record, but that doesn't protect you from Pennsylvania's stricter rule.

Asking vs. recording in secret:

• Fine: You ask to record the call, and the other person says yes. Everyone on the call has agreed.
• Not fine: You secretly record your own call with a contractor. Being on the call doesn't help, because he didn't know and had no reason to know.

Penalties for illegal recording in Pennsylvania

	What the law says
The crime	A felony, with up to 7 years in prison. Pennsylvania calls it third degree
Fine	Up to $15,000. More if double the offender's gain comes to more
Who can sue	Anyone whose call or conversation was intercepted, disclosed, or used illegally (18 Pa.C.S. § 5725)
Damages	At least $1,000. More if $100 a day, or actual losses, comes to more
Other money	Punitive damages, plus a reasonable attorney's fee and litigation costs
A defense	If you're sued, you can raise good faith as your defense

Don't use or share a recording you know was made illegally.

Pennsylvania court cases

Warn people clearly before you record. The state's top court decided in Commonwealth v. Byrd (2020) that prior consent "is based on whether an individual knew or should have known they were being recorded." That case was about jail visits with a warning first, not a typical business call. It's unclear how far it reaches customer calls, so get consent.

Can a business record your call in Pennsylvania?

Yes, with everyone's consent. Without it, the call center exception covers only telephone marketing and telephone customer service teams, and only for training or quality control. Those teams need one party's consent, and the business can be that party.

So this exception doesn't call for an announcement. Announce anyway, because the law where the other person is may require consent. Any other purpose needs everyone's consent.

The call center exception, 18 Pa.C.S. § 5704(15), covers "The personnel of a business engaged in telephone marketing or telephone customer service." Its terms are strict:

• Purpose. The recording must be "for the sole purpose of training, quality control or monitoring by the business."
• Consent. Only "one party involved in the communications" has to consent.
• Use. The business may use it only "for the purpose of training or quality control."
• Deletion. Unless federal or state law requires otherwise, recordings "shall be destroyed within one year from the date of recording."

Does taking orders by phone fit? The statute doesn't say, and it's unsettled, so get consent.

A notice can help with other purposes. Under the state top court's ruling above, a person who knew or should have known about the recording may have consented. So "this call may be recorded" can support consent.

Say "we record" instead, because it's a clearer warning. Federal law also treats staying on the line as possible consent (a federal appeals court found it after repeated warnings). That doesn't settle Pennsylvania's rule.

Coaching by your own staff may fit this narrow exception. Vendors and AI tools may not, so get consent. The exception speaks of "the personnel of a business." Public utilities have their own exception, for emergency and service calls with a periodic warning.

What if the other person is in another state?

No ruling we read settles calls across Pennsylvania's state line. If you're in Pennsylvania, follow Pennsylvania's rule even when the other person is somewhere looser. If you're outside Pennsylvania with customers there, follow the same rule.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. Some other states' courts apply their own law in these cases. California's top court applied its all-party rule to Georgia brokers who recorded California clients.

Running a call center or sales team in Pennsylvania?

Our advice: announce the recording at the very start of every call, inbound and outbound. Pennsylvania's customer service exception may not require it for training or quality control alone, but it may not cover vendors or other states' callers.

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 Pennsylvania

People in Pennsylvania filed 74,926 fraud reports with the FTC in 2024 and reported about $285.4 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 Pennsylvania?

Not secretly. Pennsylvania 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 Pennsylvania Office of Attorney General. 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 Pennsylvania

CallTutor's analysis of 6,996 calls from Pennsylvania area codes, August through October 2026, found a credit card number read out loud on 22.4% 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 Pennsylvania. 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.

Pennsylvania recording law FAQ

Is Pennsylvania a one-party consent state?

No. In Pennsylvania, being on the call isn't enough. Everyone must give prior consent. Telephone marketing and customer service teams have a narrow exception for training and quality control.

Is Pennsylvania a two-party consent state?

Yes. All parties must give prior consent in Pennsylvania, though a person who knew or should have known about the recording may have consented.

In Pennsylvania, can someone record me without telling me?

Generally no. Everyone must consent, though you may have consented if you should have known. Pennsylvania customer service and telephone marketing teams recording for training or quality control have a narrow exception.

How long can a call center keep recordings in Pennsylvania?

Training and quality control recordings must be destroyed within one year, unless other federal or state law requires otherwise.

What's the penalty for illegal recording in Pennsylvania?

It's a felony, with up to 7 years in prison and a $15,000 fine. The person recorded can also sue.

Recording laws in nearby states

• Delaware phone recording laws (depends)
• Maryland phone recording laws (two-party)
• New Jersey phone recording laws (one-party)
• New York 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.