District of Columbia call recording law
Is DC a one-party consent state?
One-party consent
Yes. DC is a one-party consent jurisdiction. A person who is a party to a call, or who has one party’s prior consent, may record it, unless the call is recorded to commit a criminal, tortious or other injurious act (D.C. Code § 23-542).
Last checked October 13, 2026 · 9 quoted facts from official pages
DC at a glance
- Phone calls
- One-party consent
- Criminal penalty
- Up to five years in prison and/or the fine set by § 22-3571.01, which for an offense punishable by up to 5 years is up to $12,500 for an individual; an organization can be fined up to twice the applicable amount.
- Lawsuits
- A person whose call 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 attorney's fee and litigation costs.
- Last checked
- October 13, 2026
The law
- D.C. Code § 23-542 (interception, disclosure, and use of wire or oral communications prohibited) (official source, opens in a new tab)
- D.C. Code § 23-554 (recovery of civil damages) (official source, opens in a new tab)
- D.C. Code § 22-3571.01 (fines for criminal offenses) (official source, opens in a new tab)
Penalties
- Criminal
- Up to five years in prison and/or the fine set by § 22-3571.01, which for an offense punishable by up to 5 years is up to $12,500 for an individual; an organization can be fined up to twice the applicable amount.
- Civil (lawsuits)
- A person whose call 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 attorney's fee and litigation costs.
What this means for a business that records 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 the District of Columbia's law is a question for a lawyer licensed in the District of Columbia.
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
It is not unlawful for a private person to intercept a call they are party to, or with one party's prior consent (one-party consent).
“a person not acting under color of law to intercept a wire or oral communication, where such person is a party to the communication”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
Consent of one party also suffices.
“or where one of the parties to the communication has given prior consent to such interception”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
The consent exception does not apply if the interception is for a criminal, tortious or other injurious purpose.
“unless such communication is intercepted for the purpose of committing any criminal or tortious act”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
The exception also excludes interceptions for any other injurious act.
“or for the purpose of committing any other injurious act”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
Unlawful interception is punishable by a fine and up to five years in prison.
“shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than five years, or both”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
For an offense punishable by up to 5 years, the individual fine maximum is $12,500.
“$12,500 if the offense is punishable by imprisonment for 5 years or less but more than one year”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
An organization may be fined up to twice the applicable individual amount.
“Twice the applicable amount under subsection (b) of this section”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
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: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
Show 1 more fact
Punitive damages and attorney's fees are recoverable.
“punitive damages; and (C) a reasonable attorney’s fee and other litigation costs reasonably incurred”
Source: code.dccouncil.gov (official source, opens in a new tab) · read October 13, 2026
DC call recording questions
Is the District of Columbia a one-party consent state?
Yes. DC is a one-party consent jurisdiction. A person who is a party to a call, or who has one party’s prior consent, may record it, unless the call is recorded to commit a criminal, tortious or other injurious act (D.C. Code § 23-542).
What is the penalty for recording a call illegally in the District of Columbia?
Up to five years in prison and/or the fine set by § 22-3571.01, which for an offense punishable by up to 5 years is up to $12,500 for an individual; an organization can be fined up to twice the applicable amount.
What does the District of Columbia's law say about lawsuits over recorded calls?
A person whose call 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 attorney's fee and litigation costs.