Below is the commonly cited list of 12 US two-party (all-party) consent states as of 2026. Each entry cites the relevant statute or case law and notes the most important practical wrinkle for that jurisdiction. Two of the 12 come with footnotes: Michigan's statute is contested in the courts, and Nevada's all-party rule applies to phone calls. Connecticut and Oregon are not counted in the 12, but each has a narrower all-party rule covered at the end of this section.
California is the canonical all-party consent state. § 632 makes it a misdemeanor to record a "confidential communication" without the consent of all parties. "Confidential" is interpreted broadly: a business phone call between a sales rep and a prospect generally qualifies. Penalties include up to $2,500 per violation plus $5,000 in civil damages under Cal. Penal Code § 637.2. The California Supreme Court's 2006 decision in Kearney v. Salomon Smith Barney extended § 632's reach to out-of-state callers recording California residents, which is why California consent law effectively governs any interstate B2B call touching a California participant.
Delaware's two statutes point in different directions. The wiretap statute (Title 11 § 2402) contains a participant exception, but the separate privacy statute (Title 11 § 1335) makes it a crime to intercept a private communication without the consent of all parties. Because of § 1335, Delaware is listed as all-party. Conservative default: disclose every time.
Florida § 934.03 makes it a third-degree felony to intercept any "oral communication" without the consent of all parties. Penalties include up to 5 years imprisonment plus civil damages. Florida courts have applied § 934.03 aggressively in commercial settings, including against out-of-state callers recording Florida residents. Florida is the second-most-important state to comply with because of its combination of strict statute and aggressive enforcement.
Illinois has the most complicated recent history of any two-party state. The original eavesdropping statute was struck down by the Illinois Supreme Court in 2014 as overbroad. The legislature rewrote it as 720 ILCS 5/14-2, which now requires consent of all parties for any "private conversation", a narrower definition than the prior statute but still broader than most one-party states. Penalties can reach Class 3 or Class 4 felony levels for repeat or aggravated violations.
Maryland § 10-402 mirrors California in requiring all-party consent. The 1998 recording of Monica Lewinsky's calls by Linda Tripp was, famously, a Maryland violation. Maryland courts have generally held that consent must be explicit, not merely implied by continued participation, making Maryland one of the stricter jurisdictions for verbal disclosure compliance.
Massachusetts ch. 272 § 99 is the strictest US wiretapping statute by some measures: it prohibits the secret recording of any conversation, irrespective of whether the recorder is a party. The statute does allow non-secret recording with disclosure, meaning the test is not "did you consent" but "did you know." Recording that is announced to all participants, even if they do not verbally agree, is generally lawful under the secret-recording standard.
Michigan: Mich. Comp. Laws § 750.539c)/mileg.aspx?page=getObject&objectName=mcl-750-539c)
Michigan's eavesdropping statute reads as all-party on its face, which is why it appears on most lists of the 12. The complication: in Sullivan v. Gray (1982), the Michigan Court of Appeals held that a participant may record their own conversation, and federal courts applying Michigan law have split. The conservative compliance posture is to treat Michigan as all-party until the state supreme court resolves the question.
Montana § 45-8-213 requires all parties to be notified of the recording. Knowledge (not active consent) is sufficient: continuing the conversation after notification counts. Montana is generally treated as two-party for compliance purposes despite the technically lighter "notification" framing.
Nevada splits by medium. NRS § 200.620 governs wire communications, and the Nevada Supreme Court in Lane v. Allstate (1998) read it to require the consent of all parties for phone calls. In-person conversations fall under NRS § 200.650, which is one-party. Practically, treat every Nevada phone or video call as all-party.
New Hampshire § 570-A:2 makes interception without all-party consent a Class B felony. The statute is broadly worded and has been interpreted by NH courts to extend to in-person recordings as well as phone calls. The conservative default in New Hampshire is to assume any recording requires verbal disclosure.
Pennsylvania § 5704 requires all-party consent for any "oral communication." PA courts have interpreted the statute strictly and have refused to recognize most business-purpose exceptions that other states allow. Pennsylvania is one of the top-three risk jurisdictions for non-compliant B2B call recording.
Washington RCW 9.73.030 requires consent of all parties and explicitly provides that consent must be either verbal at the start of the recording or established by a recorded announcement. Like California, Washington courts have applied the statute to out-of-state recorders capturing Washington residents.
Edge cases not counted in the 12: Connecticut and Oregon
Connecticut. Statute: Conn. Gen. Stat. § 52-570d. Connecticut's criminal eavesdropping statute (§ 53a-189) is one-party, so it is not counted in the 12. But § 52-570d makes recording a telephone call without the consent of all parties a civil wrong unless you give verbal notice at the start, get written consent, or use a periodic warning tone. For phone calls, behave as if Connecticut were all-party.
Oregon. Statute: Or. Rev. Stat. § 165.540. Oregon is one-party for telephone and electronic communications, so it is not counted in the 12. In-person conversations are different: § 165.540 requires that all participants be specifically informed before the conversation is recorded. That split matters for hybrid sales motions that mix in-person meetings and video calls.