State recording law reference
Maryland call recording laws
For ordinary telephone recordings, the person recording must be a participant and must obtain every party’s prior consent. Section 10-402(c)(3) permits this interception unless it has a criminal or tortious purpose.
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Maryland: 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
The ordinary participant exception requires prior consent from all parties. Being a participant alone is insufficient under § 10-402(c)(3). A general notice-only alternative is not stated in this provision.
Official source: Wiretapping and Electronic Surveillance, Md. Code, Cts. & Jud. Proc. §§ 10-402(a), (b), (c)(3), 10-410.
Exceptions and penalties
- Exceptions and limits
- Section 10-402(c) sets limited exceptions for service operations, authorized criminal investigations, emergency communications, and other specified activities. All-party consent does not excuse recording for a criminal or tortious purpose.
- Penalties and remedies
- A violation of § 10-402(a) is a felony punishable by up to five years of imprisonment, a fine of up to $10,000, or both. Section 10-410 permits actual or statutory-minimum damages, punitive damages, 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 Maryland and another state
For an interstate call involving Maryland, 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.
Maryland sources and review notes
- Md. Code, Cts. & Jud. Proc. §§ 10-402(a), (b), (c)(3), 10-410
- Civil remedies: § 10-410
- Reporters Committee discovery guide
Reviewed the official Maryland General Assembly text for §§ 10-402 and 10-410, including the ordinary consent rule, enumerated exceptions, criminal penalties, and civil remedies.
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 Maryland?
For ordinary telephone recordings, the person recording must be a participant and must obtain every party’s prior consent. Section 10-402(c)(3) permits this interception unless it has a criminal or tortious purpose.
What is the safest recording consent practice in Maryland?
Get every participant's consent before recording. The ordinary participant exception requires prior consent from all parties. Being a participant alone is insufficient under § 10-402(c)(3). A general notice-only alternative is not stated in this provision.
Which statute covers call recording in Maryland?
Wiretapping and Electronic Surveillance, Md. Code, Cts. & Jud. Proc. §§ 10-402(a), (b), (c)(3), 10-410.
What if a Maryland call crosses state lines?
For an interstate call involving Maryland, 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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