Massachusetts call recording law
Is Massachusetts a one-party consent state?
All-party consent (secret recording)
No. Massachusetts is an all-party consent state. Its law makes it a crime to secretly record a phone call or a conversation unless every party has given prior authority (Mass. Gen. Laws ch. 272, § 99).
Last checked October 13, 2026 · 12 quoted facts from official pages
Massachusetts at a glance
- Phone calls
- All-party consent (secret recording)
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Willful interception is punishable by a fine of up to $10,000, or up to five years in state prison, or up to two and a half years in a jail or house of correction, or a fine and one such imprisonment.
- Lawsuits
- An aggrieved person may recover actual damages but not less than $100 per day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee and litigation disbursements (§ 99 Q).
- Last checked
- October 13, 2026
The law
Penalties
- Criminal
- Willful interception is punishable by a fine of up to $10,000, or up to five years in state prison, or up to two and a half years in a jail or house of correction, or a fine and one such imprisonment.
- Civil (lawsuits)
- An aggrieved person may recover actual damages but not less than $100 per day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee and litigation disbursements (§ 99 Q).
In-person conversations
The law covers in-person conversations too. An “oral communication” means speech, except speech transmitted over the public air waves by radio or a similar device.
What this means for a business that records calls
The law defines interception as recording “secretly.” It exempts an office intercommunication system used in the ordinary course of business, and it lets a financial institution record calls with its corporate or institutional trading partners if it gives them semi-annual written notice that calls over designated lines will be recorded.
Notices and warnings: Massachusetts defines interception as recording “secretly.” Its exemption for financial institutions recording trading partners requires semi-annual written notice that designated lines are recorded.
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 Massachusetts's law is a question for a lawyer licensed in Massachusetts.
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
Interception means secretly hearing or recording a wire or oral communication without prior authority from all parties (all-party consent).
“to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
The only private person excluded is one given prior authority by all parties.
“by any person other than a person given prior authority by all parties to such communication”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
An “oral communication” means speech, except speech transmitted over the public air waves by radio or a similar device.
“The term ''oral communication'' means speech, except such speech as is transmitted over the public air waves by radio or other similar device.”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
The legislature found that secret use of recording devices by private individuals must be prohibited.
“Therefore, the secret use of such devices by private individuals must be prohibited.”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
Willful interception carries a fine up to $10,000 or up to five years in state prison.
“shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
Alternatively, up to two and a half years in a jail or house of correction.
“imprisoned in a jail or house of correction for not more than two and one half years”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
A fine may be combined with one such imprisonment.
“or both so fined and given one such imprisonment”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
Civil damages are actual damages but at least $100 per day or $1,000, whichever is higher.
“not less than liquidated damages computed at the rate of $100 per day for each day of violation or $1000, whichever is higher”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
Show 4 more facts
Punitive damages and attorney's fees are recoverable.
“punitive damages; and 3. a reasonable attorney's fee and other litigation disbursements reasonably incurred”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
Using an office intercommunication system in the ordinary course of business is exempt.
“for persons to possess an office intercommunication system which is used in the ordinary course of their business”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
Financial institutions may record calls with corporate or institutional trading partners in the ordinary course of business.
“for a financial institution to record telephone communications with its corporate or institutional trading partners in the ordinary course of its business”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
That exemption requires semi-annual written notice that designated lines are recorded.
“provide semi-annual written notice to its corporate and institutional trading partners that telephone communications over designated lines will be recorded”
Source: malegislature.gov (official source, opens in a new tab) · read October 13, 2026
Massachusetts call recording questions
Is Massachusetts a one-party consent state?
No. Massachusetts is an all-party consent state. Its law makes it a crime to secretly record a phone call or a conversation unless every party has given prior authority (Mass. Gen. Laws ch. 272, § 99).
What is the penalty for recording a call illegally in Massachusetts?
Willful interception is punishable by a fine of up to $10,000, or up to five years in state prison, or up to two and a half years in a jail or house of correction, or a fine and one such imprisonment.
What does Massachusetts's law say about lawsuits over recorded calls?
An aggrieved person may recover actual damages but not less than $100 per day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee and litigation disbursements (§ 99 Q).
Does Massachusetts use the same rule for in-person conversations?
The law covers in-person conversations too. An “oral communication” means speech, except speech transmitted over the public air waves by radio or a similar device.
What do Massachusetts's sources say about businesses that record calls?
The law defines interception as recording “secretly.” It exempts an office intercommunication system used in the ordinary course of business, and it lets a financial institution record calls with its corporate or institutional trading partners if it gives them semi-annual written notice that calls over designated lines will be recorded.