State recording law reference
New Hampshire call recording laws
Obtain consent from all parties before recording an ordinary telephone communication. Section 570-A:2(I-a) still makes participant or one-party-consented recording a misdemeanor when all-party consent and an applicable authorization are absent.
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New Hampshire: 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
Telecommunications and private in-person oral communications have separate definitions in § 570-A:1. The all-party telephone requirement is not removed merely because the recorder takes part in the call.
Official source: Wiretapping and eavesdropping, N.H. Rev. Stat. §§ 570-A:1, 570-A:2(I), (I-a), (II), 570-A:11.
Exceptions and penalties
- Exceptions and limits
- Section 570-A:2(II) includes service-provider, authorized law-enforcement, emergency-service, utility and other specified exceptions. These have conditions and do not create a general participant permission for sales calls.
- Penalties and remedies
- Section 570-A:2(I) sets a class B felony baseline. Section (I-a) sets misdemeanor treatment for a participant or a person with one party’s prior consent. Section 570-A:11 provides actual or statutory-minimum damages, punitive damages, attorney fees and litigation costs. Numeric criminal sentencing ranges were not checked.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between New Hampshire and another state
For an interstate call involving New Hampshire, 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.
New Hampshire sources and review notes
- N.H. Rev. Stat. §§ 570-A:1, 570-A:2(I), (I-a), (II), 570-A:11
- Civil remedies: § 570-A:11
- Reporters Committee discovery guide
Reviewed the official New Hampshire text of the full chapter and § 570-A:11. No judicial implied-consent rule 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 New Hampshire?
Obtain consent from all parties before recording an ordinary telephone communication. Section 570-A:2(I-a) still makes participant or one-party-consented recording a misdemeanor when all-party consent and an applicable authorization are absent.
What is the safest recording consent practice in New Hampshire?
Get every participant's consent before recording. Telecommunications and private in-person oral communications have separate definitions in § 570-A:1. The all-party telephone requirement is not removed merely because the recorder takes part in the call.
Which statute covers call recording in New Hampshire?
Wiretapping and eavesdropping, N.H. Rev. Stat. §§ 570-A:1, 570-A:2(I), (I-a), (II), 570-A:11.
What if a New Hampshire call crosses state lines?
For an interstate call involving New Hampshire, 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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