Yes, Massachusetts permits recording phone calls only if all parties consent, per the state’s strict two-party consent law. Unauthorized recordings violate Massachusetts General Laws Chapter 272, Section 99, risking civil liability and criminal penalties. The Massachusetts Attorney General’s Office enforces these provisions, with recent 2026 guidance emphasizing stricter penalties for non-compliance.
Key Regulations for Recording Phone Calls in Massachusetts
- Two-Party Consent Requirement: All participants must consent to recording; failure to obtain consent constitutes a felony under Massachusetts wiretap laws.
- In-State Calls Only: The law applies to calls originating or terminating within Massachusetts, regardless of the parties’ locations.
- Implied Consent Exclusion: Silence or lack of objection does not constitute consent; explicit verbal or written agreement is mandatory.
Violations may result in fines up to $10,000 per incident and potential imprisonment. Businesses must implement clear disclosure protocols, including automated notices for customer service calls. The 2026 amendments to Section 99 expand enforcement authority to the Massachusetts Department of Consumer Affairs, targeting corporate non-compliance.