State recording law reference
Massachusetts call recording laws
Section 99 prohibits secret recording of a telephone conversation without prior authority from all parties. The statute defines interception in terms of secretly hearing or recording a wire or oral communication.
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Massachusetts: 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 all-party label is a conservative practice. The actual statute regulates secret interception and authority from all parties. This entry does not claim a separate judicial rule about notice because no official notice case was reviewed.
Official source: Interception of wire and oral communications, Mass. Gen. Laws ch. 272, § 99(B)(4), (C)(1), (D).
Exceptions and penalties
- Exceptions and limits
- The statutory rule targets secret recording. Section 99(D) sets specific carrier, warrant, law-enforcement, and financial-trading exceptions. A public location alone is not an exception stated in the ordinary definition.
- Penalties and remedies
- Section 99(C)(1) permits a fine of up to $10,000, state-prison imprisonment of up to five years, jail or house-of-correction imprisonment of up to two and one-half years, or the fine with one of those prison terms. Other offense provisions have different penalties.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Massachusetts and another state
For an interstate call involving Massachusetts, 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.
Massachusetts sources and review notes
Reviewed the current official Massachusetts Legislature text of § 99, including the definition, criminal offense, and exception provisions. No current case holding or civil-damages amount 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 Massachusetts?
Section 99 prohibits secret recording of a telephone conversation without prior authority from all parties. The statute defines interception in terms of secretly hearing or recording a wire or oral communication.
What is the safest recording consent practice in Massachusetts?
Get every participant's consent before recording. The all-party label is a conservative practice. The actual statute regulates secret interception and authority from all parties. This entry does not claim a separate judicial rule about notice because no official notice case was reviewed.
Which statute covers call recording in Massachusetts?
Interception of wire and oral communications, Mass. Gen. Laws ch. 272, § 99(B)(4), (C)(1), (D).
What if a Massachusetts call crosses state lines?
For an interstate call involving Massachusetts, 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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