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Is it legal to record a call in Massachusetts?

Massachusetts is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded.

The statute

The term ''interception'' means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recor

M.G.L. c.272 s.99 B.4. Last verified 2026-07-03.source

Penalties under the Massachusetts statute

The operative penalty language, quoted from the same archived official source:

willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment.

M.G.L. c.272 s.99 B.4.source

Frequently asked questions

Can I record a phone call I am on in Massachusetts?

Massachusetts is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded. See the statute quoted above and confirm at the official source linked below. This is general information, not legal advice.

What penalties does the Massachusetts statute provide?

The archived statute text provides: "willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment." See the quoted provision above and the official source for full context. This is general information, not legal advice.

Sources

Important

This page is general information, not legal advice. Recording laws have edge cases that this summary does not cover, including in-person versus phone recording, calls that cross state lines, and law-enforcement exceptions. Laws change. Confirm the current statute at the official source linked below, and consult your own counsel before relying on it.