Recording business & sales calls
New York sales and support teams recording their own calls are covered by one-party consent. A recording notice is still recommended for transparency and to stay safe on calls with people in all-party states.
One-party consent
Call Recording Laws in New York
United States · Last updated September 7, 2026
New York is a one-party consent state: if you are a participant in the conversation (or one party consents), recording it is legal.
Governing law: New York Penal Law §§ 250.00 and 250.05 (eavesdropping).
What the law says
- A participant may record their own conversation without the other parties' consent.
- Recording a conversation you are not part of, without any participant's consent, is illegal eavesdropping.
- Consent obtained to further a crime does not make the recording lawful.
- For interstate calls, the stricter state's law may apply, so default to all-party consent when a participant is elsewhere.
Penalties for getting it wrong
Unlawful eavesdropping is a class E felony in New York, punishable by up to four years imprisonment plus fines, with potential civil exposure as well.
What to say at the start of a call
"Just so you know, I am recording this call so nothing gets lost in my notes."
Primary sources
The statute, section by section
Plain-language summaries of the sections that matter for recording a call. Each one links to the official text and has its own anchor, so you can cite a specific section.
N.Y. Penal Law § 250.00
Definitions: what counts as eavesdropping
Defines wiretapping as the intentional overhearing or recording of a telephonic communication by a person other than a sender or receiver, without the consent of either, and mechanical overhearing of a conversation as intentional overhearing or recording by a person not present, without the consent of at least one party. Both definitions carve out participants and anyone with one party's consent, which is what makes New York a one-party state.
Official textN.Y. Penal Law § 250.05
Eavesdropping
A person is guilty of eavesdropping when they unlawfully engage in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing an electronic communication. Eavesdropping is a class E felony, punishable by up to four years imprisonment.
Official textN.Y. Civil Rights Law § 52-c
Employer notice of electronic monitoring
Separate from the consent rule. A private employer that monitors or intercepts employee telephone conversations, email or internet use must give employees prior written notice, obtain a written or electronic acknowledgement, and post the notice in the workplace. A sales team that records its own reps' calls is covered by this notice requirement even though one-party consent makes the recording itself lawful.
Official textCalling New York from Europe
When the other side of the call is in New York, the safer course is to follow the stricter of the two rules. Each row is the verdict for a caller recording from that jurisdiction, with the script to read at the start.
| Recording from | Their rule | Safer course on the call | Script |
|---|---|---|---|
| Estonia | GDPR + notice | Recording notice | Get the script |
| Finland | GDPR + notice | Recording notice | Get the script |
| Latvia | GDPR + notice | Recording notice | Get the script |
| Lithuania | GDPR + notice | Recording notice | Get the script |
| Poland | GDPR + notice | Recording notice | Get the script |
Calling someone outside New York?
Cross-border calls can pull in the other side's stricter rule. Check the pair in our consent checker and get the disclosure script to read at call start.
Frequently asked questions
Is recording a phone call legal in New York?
Yes, if you are a party to the call. New York is a one-party consent state, so a participant can record without notifying the others.
Is New York a one-party or two-party consent state?
New York is a one-party consent state under Penal Law § 250.00: only one participant (which can be you) needs to consent to the recording.
Can I record a phone call in New York?
Yes, as long as you are on the call. Your own consent as a participant is enough under state law. If the other party is in California, Florida or another all-party state, or in the EU, the safer course is to announce the recording.
Is it illegal to record a conversation in New York without consent?
It is illegal if you are not a party to the conversation and no participant has consented. That is eavesdropping under § 250.05, a class E felony with up to four years imprisonment. If you are a party, your own consent is sufficient.
Can my employer record my calls in New York?
Under the Penal Law an employer that is a party to the call, or has one party's consent, may record it. Separately, Civil Rights Law § 52-c requires private employers to give employees prior written notice of electronic monitoring, including telephone monitoring, and to obtain an acknowledgement.
Does New York law apply if the other person is in California or the EU?
New York's one-party rule covers you only if the other side's rule is no stricter. California and Florida require all-party consent, and EU countries require participants to be informed, so the safer course on those calls is to announce the recording. The cross-border checker gives the verdict for any pair.
Call recording laws in other jurisdictions
View all jurisdictionsRecord calls compliantly with Teneks
Teneks records, transcribes, and analyzes calls with recording notices, access controls, and retention settings, so your team captures every conversation while staying on the right side of the rules. See how we handle data on our security page, or read the Baltic & Nordic recording guide.
This page is general information, not legal advice. Call recording and data protection rules change and depend on your specific situation. Confirm the current rules with a qualified lawyer in the relevant jurisdiction before recording.