State recording law reference
Pennsylvania call recording laws
Obtain every party’s prior consent before recording an ordinary telephone call under the general § 5704(4) exception. Pennsylvania also has narrow statutory exceptions. Do not treat the all-party category as a complete description of every business-call rule.
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Pennsylvania: 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 category is a conservative ordinary-call practice. Section 5704(15) is a limited purpose and retention exception, not general permission to record, publish or reuse sales calls. No judicial implied-consent rule is asserted because the official case was not reviewed.
Official source: Wiretapping and Electronic Surveillance Control Act, 18 Pa. Cons. Stat. §§ 5703, 5704(4), 5704(15), 5725.
Exceptions and penalties
- Exceptions and limits
- Section 5704(15) permits personnel of a telephone-marketing or customer-service business to record with one party’s consent solely for training, quality control or monitoring. Those recordings may be used only for training or quality control and must be destroyed within one year unless other law requires otherwise. Other enumerated exceptions include specified service, emergency and authorized investigation recordings.
- Penalties and remedies
- Section 5703 generally makes prohibited interception, use or disclosure a third-degree felony. Section 5725 permits actual or statutory-minimum damages, punitive damages, attorney fees and litigation costs. Numeric criminal sentence and fine ranges are not asserted.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Pennsylvania and another state
For an interstate call involving Pennsylvania, 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.
Pennsylvania sources and review notes
- 18 Pa. Cons. Stat. §§ 5703, 5704(4), 5704(15), 5725
- Prohibitions and criminal classification: § 5703
- Civil action: § 5725
- Reporters Committee discovery guide
Reviewed the official text of §§ 5703, 5704, and 5725. The Byrd opinion was not reviewed from an official source, so it is not used as authority for a court holding.
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 Pennsylvania?
Obtain every party’s prior consent before recording an ordinary telephone call under the general § 5704(4) exception. Pennsylvania also has narrow statutory exceptions. Do not treat the all-party category as a complete description of every business-call rule.
What is the safest recording consent practice in Pennsylvania?
Get every participant's consent before recording. The all-party category is a conservative ordinary-call practice. Section 5704(15) is a limited purpose and retention exception, not general permission to record, publish or reuse sales calls. No judicial implied-consent rule is asserted because the official case was not reviewed.
Which statute covers call recording in Pennsylvania?
Wiretapping and Electronic Surveillance Control Act, 18 Pa. Cons. Stat. §§ 5703, 5704(4), 5704(15), 5725.
What if a Pennsylvania call crosses state lines?
For an interstate call involving Pennsylvania, 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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