Yes. New Hampshire is a two party consent state which means you must get permission from everyone involved before recording a phone call or private conversation. Recording without consent can lead to criminal charges, civil lawsuits, fines, and penalties under New Hampshire Rev Stat § 570-A.
If you are wondering, “Is it illegal to record a phone call in New Hampshire?” you are asking a very important question. New Hampshire has one of the strictest call recording laws in the United States. While many states allow you to record a phone call with only one person knowing, New Hampshire takes a very different approach.
Let’s break it all down in simple language so you always know what is legal and what is not.
Understanding New Hampshire Call Recording Laws
New Hampshire is a two party consent state. That means:
You must get permission from every person in the conversation before recording a phone call or an in person discussion.
This is very different from states like New York or Texas where you can record a call if you are part of it. In New Hampshire, even if you are involved, you still need the other person’s consent.
This rule is based on the New Hampshire wiretapping and eavesdropping statute, which is considered one of the strictest in the country.
What Two Party Consent Really Means in New Hampshire
Let’s keep things simple. Two party consent means:
- You must tell the other person you want to record
- You must get their clear permission
- If more than two people are involved, everyone must agree
- Secret recordings are illegal, even if your intentions are good
The law applies to phone calls, video calls, voice notes, and in person conversations.
Is It Illegal to Record a Phone Call Without Consent in New Hampshire?
The short answer is yes. Recording a phone call without permission in New Hampshire is illegal.
The law does not care if:
- You are part of the call
- You are recording for personal safety
- You want to record for evidence
- You want to record a business conversation
- You want to capture proof of harassment
If the other person does not consent, it is considered illegal.
This is why people often search for questions like:
- Can you record a phone call without permission in New Hampshire
- Is call recording legal in New Hampshire
- What are the penalties for illegal recording in NH
Let’s answer all of those clearly.
Read More: Best VoIP Calling App Austria
Why New Hampshire Has Strict Recording Laws
New Hampshire takes privacy very seriously. The law is designed to protect people from:
- Secretly being monitored
- Conversations being recorded without their knowledge
- Their private or sensitive matters being used against them
- Businesses recording customers unfairly
- Personal communication being shared without consent
This strong privacy culture is rooted in what New Hampshire calls a “reasonable expectation of privacy.”
Examples to Help You Understand New Hampshire’s Recording Laws
Here are easy examples to help you understand when recording is legal and when it is not.
✔ Legal Example
You call someone and say, “I want to record this call for my own records. Is that okay?”
They say yes.
You press record.
This is legal.
✔ Legal Example
You and your coworker both agree to record a Zoom meeting.
Everyone gives permission.
Legal.
❌ Illegal Example
You secretly record a phone call with your landlord without telling them.
This is illegal under New Hampshire law.
❌ Illegal Example
You record your spouse or partner during an argument without consent.
Illegal, even if you are part of the conversation.
❌ Illegal Example
You record strangers talking in a restaurant.
Illegal because no one consented.
Is New Hampshire a One Party or Two Party Consent State?
New Hampshire is a two party consent state, and this rule applies to:
- Phone calls
- Video calls
- Face to face conversations
- Voice messages
- Online audio chats
- Any communication where a voice is recorded
So if you ever needed to answer the question “Is New Hampshire a two party consent state?” the answer is always yes.
Can You Record Someone Without Them Knowing in New Hampshire?
No. Recording someone without their permission is unlawful, even if:
- You are being harassed
- You want proof of wrongdoing
- You want a record for your safety
- You want to keep important details
- You are in a business disagreement
Many people think exceptions exist, but in New Hampshire, the law is strict.
The only exceptions involve law enforcement with a warrant or specific legal authority.
Are There Any Exceptions to Recording Laws in New Hampshire?
There are very few exceptions, but here are the ones that exist:
1. Law enforcement with court approval
Police can record conversations if they have authorization.
2. Emergency situations involving threats
In extremely rare cases where someone’s life is in immediate danger, recording may be allowed.
3. Public events with no expectation of privacy
For example, recording a speech in a public park may be allowed.
However, these situations do not apply to everyday phone conversations.
Can You Record a Phone Call for Evidence in New Hampshire?
This is one of the most searched questions:
“Can I record a phone call for evidence in New Hampshire?”
The answer is no, unless the other person agrees to be recorded. Even if your goal is to gather proof of:
- Abuse
- Harassment
- Threats
- Fraud
- Discrimination
- Unpaid work issues
You still need permission. A secretly recorded call cannot be used as evidence and could even get you into legal trouble.
What Are the Penalties for Illegal Recording in New Hampshire?
Illegally recording a conversation in New Hampshire can lead to serious consequences including:
- Criminal charges
- Fines
- Jail time
- Civil lawsuits from the person you recorded
- Evidence being thrown out
- Loss of job or professional licenses
Some cases of illegal recording can qualify as a felony depending on intent and circumstances.
Recording Phone Calls at Work in New Hampshire
Workplace conversations often involve sensitive topics. Here is what you need to know.
Employees recording at work
You must get consent from everyone involved, even if the call is job related.
Employers monitoring calls
Businesses must notify employees and customers if a call is being monitored or recorded.
If you have ever heard, “This call may be recorded,” that is the legal consent message.
Secret workplace recordings
In New Hampshire, these are nearly always illegal.
How to Legally Record a Phone Call in New Hampshire
If you want to stay fully compliant with the law, follow these simple steps.
1. Tell the person you want to record the call
Be clear and direct.
2. Get explicit verbal permission
A simple “yes” is enough.
3. Make sure every participant agrees
If multiple people are part of the conversation, you need consent from all.
4. Record responsibly
Avoid sharing recordings publicly unless you have written permission.
5. Store recordings securely
Treat them as private information.
Best Ways to Ask for Recording Consent
If you feel awkward asking someone, here are natural ways to do it:
- “Do you mind if I record this call for accuracy?”
- “Can I record our conversation so I don’t miss any details?”
- “I’d like to record this so I can refer back to it. Are you okay with that?”
Most people appreciate the transparency.
When Should You Consider Recording a Call?
People often record calls for:
- Documenting agreements
- Protecting themselves from disputes
- Remembering details
- Filing complaints
- Business or customer service issues
- Proof of transactions
- Safety concerns
All of these reasons are valid, as long as you follow New Hampshire consent rules.
Frequently Asked Questions About New Hampshire Call Recording Laws
1. Do you need consent to record a phone call in New Hampshire?
Yes. You must get permission from all parties involved.
2. Is New Hampshire a two party consent state?
Yes, New Hampshire requires consent from every participant.
3. Can you record someone without their knowledge in NH?
No, it is illegal.
4. What happens if someone records you without consent?
They may face criminal charges and civil lawsuits.
5. Can you record calls for evidence?
Only if the other person agrees. Otherwise, the recording may be inadmissible.
6. Can employers record phone calls in New Hampshire?
Yes, but they must notify employees and customers.
7. Are video calls covered by the same law?
Yes. Audio from video calls is treated the same as phone audio.
8. Can you record conversations in public?
Only if there is no expectation of privacy.
Summary: What You Should Always Remember
Here is the most important takeaway:
New Hampshire requires two party consent for all recorded conversations. You must get permission from everyone before recording a phone call or discussion. Secret recordings are illegal.
When in doubt, always ask for consent.
