Yes, Massachusetts General Laws Chapter 272, Section 99 strictly requires all parties to consent before any oral communication is recorded, making it a two-party consent state. Violations carry penalties up to five years imprisonment and $10,000 fines. The Massachusetts Attorney General’s Office enforces these provisions, with recent 2026 guidance emphasizing stricter penalties for non-compliance in digital communications.
Key Regulations for Two-Party Consent Recording in Massachusetts
- All-party consent mandate: Recording any in-person or telephone conversation without explicit consent from every participant is a felony under M.G.L. c. 272, § 99.
- Exemptions limited: Consent is not implied in public spaces; exceptions apply only to law enforcement under court-approved warrants or emergency situations.
- Penalties escalate: The 2026 amendments to § 99 increase fines for repeat offenders and expand liability to include third-party cloud storage providers knowingly facilitating unauthorized recordings.
Local courts, including the Suffolk County Superior Court, have upheld these standards in recent cases involving workplace surveillance and social media recordings. Entities operating in Massachusetts must implement robust consent protocols, particularly for remote work tools and AI-driven transcription services, to avoid litigation risks.