Delaware call recording law
Is Delaware a one-party consent state?
Mixed: two laws read differently
It depends. Delaware’s wiretap law makes it lawful for a party to a call to record it, or for anyone with one party’s prior consent (11 Del. C. § 2402). A separate privacy law forbids intercepting a telephone message without the consent of all parties, “except as authorized by law” (11 Del. C. § 1335).
Last checked October 13, 2026 · 10 quoted facts from official pages
Delaware at a glance
- Phone calls
- Mixed: two laws read differently
- Criminal penalty
- Unlawful interception under the wiretap chapter is a class E felony with a fine of up to $10,000; a class E felony carries up to 5 years at Level V. Intercepting a telephone message without all parties' consent under § 1335(a)(4) is a class A misdemeanor: up to 1 year at Level V and a fine of up to $2,300.
- Lawsuits
- A person whose communication is unlawfully intercepted, disclosed or used may recover actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorneys' fee and litigation costs (§ 2409).
- Last checked
- October 13, 2026
The law
- 11 Del. C. § 2402 (interception of communications; lawful acts) (official source, opens in a new tab)
- 11 Del. C. § 2409 (civil liability) (official source, opens in a new tab)
- 11 Del. C. § 1335(a)(4) (violation of privacy) (official source, opens in a new tab)
- 11 Del. C. §§ 4205, 4206 (felony and misdemeanor sentences) (official source, opens in a new tab)
Penalties
- Criminal
- Unlawful interception under the wiretap chapter is a class E felony with a fine of up to $10,000; a class E felony carries up to 5 years at Level V. Intercepting a telephone message without all parties' consent under § 1335(a)(4) is a class A misdemeanor: up to 1 year at Level V and a fine of up to $2,300.
- Civil (lawsuits)
- A person whose communication is unlawfully intercepted, disclosed or used may recover actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorneys' fee and litigation costs (§ 2409).
What this means for a business that records calls
The privacy law applies “except as authorized by law,” while the wiretap law makes recording with one party’s consent lawful. Ask a Delaware lawyer how the two laws apply to your calls.
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Delaware's law is a question for a lawyer licensed in Delaware.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
The wiretap chapter makes it lawful for a party to a communication to record it, or for anyone to record with one party's prior consent.
“where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
The one-party consent exception does not cover interceptions made to commit a criminal or tortious act.
“unless the communication is intercepted for the purpose of committing any criminal or tortious act”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
Unlawful interception is a class E felony with a fine of up to $10,000.
“shall be guilty of a class E felony and be fined not more than $10,000”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
A class E felony carries up to 5 years of incarceration.
“For a class E felony up to 5 years to be served at Level V.”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
The violation-of-privacy statute prohibits intercepting a telephone message without the consent of all parties.
“Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
The privacy statute applies 'except as authorized by law'.
“A person is guilty of violation of privacy when, except as authorized by law, the person”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
A violation of § 1335(a)(4) is a class A misdemeanor.
“Any violation of paragraph (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(8), or (a)(9) of this section shall be a class A misdemeanor.”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
A class A misdemeanor carries up to 1 year and a fine of up to $2,300.
“may include up to 1 year incarceration at Level V and such fine up to $2,300”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
Show 2 more facts
Civil liquidated damages are at least $100 a day or $1,000, whichever is higher.
“not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages and attorneys' fees are recoverable.
“Punitive damages; and, (3) A reasonable attorneys’ fee and other litigation costs reasonably incurred.”
Source: delcode.delaware.gov (official source, opens in a new tab) · read October 13, 2026
Delaware call recording questions
Is Delaware a one-party consent state?
It depends. Delaware’s wiretap law makes it lawful for a party to a call to record it, or for anyone with one party’s prior consent (11 Del. C. § 2402). A separate privacy law forbids intercepting a telephone message without the consent of all parties, “except as authorized by law” (11 Del. C. § 1335).
What is the penalty for recording a call illegally in Delaware?
Unlawful interception under the wiretap chapter is a class E felony with a fine of up to $10,000; a class E felony carries up to 5 years at Level V. Intercepting a telephone message without all parties' consent under § 1335(a)(4) is a class A misdemeanor: up to 1 year at Level V and a fine of up to $2,300.
What does Delaware's law say about lawsuits over recorded calls?
A person whose communication is unlawfully intercepted, disclosed or used may recover actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorneys' fee and litigation costs (§ 2409).
What do Delaware's sources say about businesses that record calls?
The privacy law applies “except as authorized by law,” while the wiretap law makes recording with one party’s consent lawful. Ask a Delaware lawyer how the two laws apply to your calls.