State recording law reference
Delaware call recording laws
Use all-party consent for private telephone calls. Section 1335(a)(4) requires consent from all parties. Section 2402(c)(4) separately permits participant or one-party interception. This entry uses the stricter practice because these provisions overlap.
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Delaware: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
Ask every participant for consent
Who must agree
Delaware has overlapping all-party privacy language and one-party wiretap language. The all-party category is a conservative calling practice, not a claim that § 2402 has no participant exception.
Official source: Violation of privacy; interception of communications, 11 Del. C. §§ 1335(a)(4), 2402(c)(4), 2409.
Exceptions and penalties
- Exceptions and limits
- Section 2402(c)(4) permits a participant or a person with one party’s prior consent to intercept a communication, unless the purpose is a criminal or tortious act. Section 1335 contains separate exceptions for specified telephone operations and other authorized acts. Do not assume that the one-party provision removes the privacy-law issue.
- Penalties and remedies
- A telephone privacy violation under § 1335(a)(4) is a class A misdemeanor. A violation of § 2402(a) is a class E felony and carries a fine of up to $10,000. Section 2409 permits civil recovery of actual damages with statutory minimum damages, punitive damages, and reasonable attorney fees and litigation costs.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Delaware and another state
For an interstate call involving Delaware, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
Delaware sources and review notes
Reviewed the text of both official Delaware Code provisions on 2026-10-08. No case interpretation is asserted.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in Delaware?
Use all-party consent for private telephone calls. Section 1335(a)(4) requires consent from all parties. Section 2402(c)(4) separately permits participant or one-party interception. This entry uses the stricter practice because these provisions overlap.
What is the safest recording consent practice in Delaware?
Get every participant's consent before recording. Delaware has overlapping all-party privacy language and one-party wiretap language. The all-party category is a conservative calling practice, not a claim that § 2402 has no participant exception.
Which statute covers call recording in Delaware?
Violation of privacy; interception of communications, 11 Del. C. §§ 1335(a)(4), 2402(c)(4), 2409.
What if a Delaware call crosses state lines?
For an interstate call involving Delaware, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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