Is Recording Phone Calls Legal in New Hampshire After the 2026 Framework Overhaul?

Yes, recording phone calls in New Hampshire is legal under state law, provided at least one party to the conversation consents. New Hampshire is a “one-party consent” jurisdiction, meaning you may record calls without informing all participants. The New Hampshire Attorney General’s Office enforces this rule, and violations may trigger civil penalties under RSA 570-A. Businesses must also comply with federal wiretapping laws (18 U.S.C. § 2511) when recording calls involving out-of-state parties.


Key Regulations for Recording Phone Calls in New Hampshire

  • One-Party Consent Requirement: Only one participant in the call must agree to recording; no notice to other parties is legally mandated. This aligns with RSA 570-A:2, which permits interception if a party to the communication has given prior consent.
  • Federal Compliance for Interstate Calls: When recording calls crossing state lines, businesses must adhere to the stricter of New Hampshire’s or the other state’s laws. For example, a call with a participant in a “two-party consent” state (e.g., Massachusetts) requires compliance with that state’s rules.
  • Prohibition on Third-Party Interception: Unauthorized recording of calls where you are not a participant violates RSA 570-A:3, punishable by fines up to $1,000 or imprisonment for up to one year. The New Hampshire Department of Justice actively monitors corporate compliance under this statute.