DC Phone Recording Laws: One-Party Consent

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

DC isn't a state, but the same question applies. It's one-party, not two-party. A "party" is a person on the call or in the conversation.

The general ban is in DC Code § 23-542(a), which bars willfully intercepting a wire or oral communication. The same section then allows it for a private person "where such person is a party to the communication, or where one of the parties to the communication has given prior consent."

DC's limit on one-party recording goes further than the federal limit. Federal law ends the exception if you record to commit a crime, or to wrong someone in a way they could sue over.

DC adds "for the purpose of committing any other injurious act." It's unclear what counts as "injurious," so don't count on this exception if the recording is meant to hurt someone.

Section 23-542 covers both phone calls and in-person talk. For in-person talk, the protection covers speech made with a justified expectation that no one's intercepting it.

When a DC recording crosses the line

• Fine: You record your own call with your landlord, so you have a record of what was promised.
• Not fine: You record a call you're on so you can use it to hurt the other person. Your being on the call doesn't protect that.

Penalties for illegal recording in DC

	What the law says
The crime	A crime with up to five years in prison. It covers intercepting, and also disclosing or using what was illegally intercepted
Fine	Up to $12,500 for a person, with or without prison
Company fine	Up to double the amounts that apply to a person
Gain or loss	If alleged and proven, up to twice the gross gain or twice the gross loss
Who can sue	A person whose wire or oral communication was illegally intercepted, disclosed or used. Someone who hired another person to do it can be sued too
Damages	$1,000, $100 for each day of violation, or actual losses, whichever is most
Other money	Punitive damages, a reasonable attorney's fee, and other litigation costs

DC court cases

Don't use or share a recording you know was made illegally. You can owe money even though you didn't make it.

Boehner v. McDermott (2007). A couple used a police scanner to intercept a 1996 conference call from a cell phone. Rep. James McDermott gave a tape of it to reporters, and Rep. John Boehner sued under the federal wiretap law.

A federal appeals court upheld Boehner's win: $10,000 in damages set by the statute and $50,000 in punitive damages, plus attorney's fees and costs.

This wasn't a business call, and it came under federal law, not the DC Code.

Can a business record your call in DC?

Yes, a business on the call can record, as long as it doesn't have a harmful purpose. An outside company that isn't on the call needs one party's prior consent.

If you run a business: DC doesn't make you give a warning. Your caller's state may require consent, so give notice at the start. "This call may be recorded" isn't what makes the recording legal under DC's law. Say "we record" instead, because it's a clearer warning.

If you're the customer: a notice lets you decide, and you can end the call if you don't want to be recorded. Federal law treats staying on a call as consent in some cases, based on what the person knew, as a federal appeals court found in Griggs-Ryan v. Smith.

What if the other person is in another state?

In a criminal case, the District of Columbia Court of Appeals allowed a recording of a call with a man in Maryland, made with only the other person's consent.

It said "we do not read the statute as incorporating the laws of any other jurisdiction" (Thomas v. United States, 2017). This wasn't a business call. The ruling doesn't say you're safe under Maryland's law.

California shows the other side. Its Supreme Court applied California's all-party law to a business outside the state.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. When a call reaches a stricter state, say up front that you're recording.

Running a call center or sales team in DC?

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

People in DC filed 7,082 fraud reports with the FTC in 2024 and reported about $30.4 million lost, with a median loss of $448. 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 DC?

A person on the call can generally record it in DC, 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 Consumer Protection, Consumer and Tenant Response team, Office of the Attorney General for the District of Columbia, 202-442-9828. 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 DC

CallTutor's analysis of 478 calls from DC area codes, August through October 2026, found a credit card number read out loud on 34.1% of them, a small sample, 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 DC. 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.

DC recording law FAQ

Is DC a one-party consent state?

Generally yes. Washington, DC isn't a state, but it's one-party: you can record a call you're on, unless you're recording to commit a crime or to harm someone.

Is DC a two-party consent state?

No. Washington, DC doesn't require everyone's consent for calls or in-person talk. One party's consent is enough, as long as the purpose isn't harmful.

In DC, can someone record me without telling me?

Yes, if that person is on the call or has one party's consent, and the purpose isn't to commit a crime or harm you.

Can I sue over an illegal recording in DC?

Yes. In DC, you can recover $1,000, $100 a day or your actual losses, whichever is most, plus punitive damages and fees.

Can I get in trouble in DC for sharing a recording someone else made illegally?

Yes. DC's law covers willfully disclosing or using an interception you know was illegal. In one federal case, sharing a tape led to $60,000 in damages.

Recording laws in nearby states

• Maryland phone recording laws (two-party)
• Virginia phone recording laws (one-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.