Call Recording Laws in New Hampshire 2025
Last Updated: February 17, 2025
New Hampshire is an all-party consent state, meaning that every participant in a confidential conversation must give their explicit permission before the call can be recorded. According to New Hampshire Revised Statutes Section 570-A:2, recording a conversation without the consent of all parties is generally illegal and can result in criminal or civil penalties. This article outlines the key legal requirements, potential penalties, and best practices for recording calls in New Hampshire.
Overview of New Hampshire Call Recording Law
New Hampshire law mandates that all parties to a confidential communication must consent to its recording. The statute broadly prohibits willful interception of any telecommunication or oral communication without the consent of everyone involved. Courts have clarified that consent can be implied if the circumstances show that the parties were aware of the recording, but it is safest to obtain explicit consent from all participants.
Is It Legal to Record a Call in New Hampshire?
Recording a call in New Hampshire is legal only if every participant in the conversation consents to the recording. If you record a conversation without obtaining consent from all parties, you may face both criminal and civil penalties.
New Hampshire All-Party Consent
In New Hampshire, the law requires all-party consent for recording conversations. This means that you must notify every participant at the beginning of the call and secure their agreement to the recording. Failing to do so is considered a violation of the law and can result in significant legal consequences.
Penalties for Illegal Recording in New Hampshire
Unauthorized recording in New Hampshire can lead to severe legal repercussions. Offenders may face criminal charges, including misdemeanors or even felonies depending on the circumstances, with penalties that can include fines and imprisonment. Additionally, individuals who have their privacy violated may file civil lawsuits seeking damages.
Federal vs. New Hampshire Law
Although federal law under 18 U.S.C. § 2511 permits one-party consent for recording communications, New Hampshire’s law is much stricter, requiring all-party consent. When recording calls involving participants in New Hampshire, it is imperative to comply with the state’s all-party consent requirement to avoid legal issues.
Frequently Asked Questions
Is New Hampshire an all-party consent state?
Yes. In New Hampshire, every participant in a confidential conversation must consent to the recording.
Can I record calls in New Hampshire without informing all parties?
No. New Hampshire law requires that all parties are notified and agree to the recording before it is legally made.
What are the penalties for illegal recording in New Hampshire?
Illegal recording in New Hampshire can result in criminal charges, fines, and civil lawsuits for invasion of privacy.
How do New Hampshire laws interact with federal recording laws?
Although federal law permits one-party consent, New Hampshire’s all-party consent requirement takes precedence when recording communications involving New Hampshire residents.
Additional Resources
For further details, refer to New Hampshire state legal resources or visit our Call Recording Laws by State guide.
The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
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