New Hampshire call recording law
Is New Hampshire a one-party consent state?
All-party consent
No. New Hampshire requires the consent of all parties to record a phone call or a private in-person conversation. Recording without it is a class B felony, or a misdemeanor when the person recording is a party to the call or has one party’s consent (N.H. Rev. Stat. Ann. § 570-A:2).
Last checked October 13, 2026 · 17 quoted facts from official pages
New Hampshire at a glance
- Phone calls
- All-party consent
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Intercepting a call without all parties' consent is a class B felony (prison up to 7 years; fine up to $4,000 for an individual, up to $100,000 for a corporation).
- Lawsuits
- A person whose call was unlawfully intercepted may recover actual damages, but not less than liquidated damages of $100 per 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
- N.H. Rev. Stat. Ann. § 570-A:2 (interception and disclosure prohibited) (official source, opens in a new tab)
- N.H. Rev. Stat. Ann. § 570-A:1 (definitions) (official source, opens in a new tab)
- N.H. Rev. Stat. Ann. § 570-A:11 (civil damages) (official source, opens in a new tab)
- N.H. Rev. Stat. Ann. § 651:2 (sentences) (official source, opens in a new tab)
- N.H. Rev. Stat. Ann. § 625:9 (classification of crimes) (official source, opens in a new tab)
Penalties
- Criminal
- Intercepting a call without all parties' consent is a class B felony (prison up to 7 years; fine up to $4,000 for an individual, up to $100,000 for a corporation). If the recorder is a party to the call or has one party's consent, it is a misdemeanor instead: presumed class B (fine only, up to $1,200 for an individual, no jail) unless the state seeks class A penalties (up to 1 year, fine up to $2,000); a corporation's misdemeanor fine can reach $20,000.
- Civil (lawsuits)
- A person whose call was unlawfully intercepted may recover actual damages, but not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), plus punitive damages and a reasonable attorney's fee and litigation costs.
In-person conversations
In-person “oral communication” is protected when the speaker has a reasonable expectation that it is not being intercepted (§ 570-A:1).
What this means for a business that records calls
Under § 570-A:2, recording a call that the person recording is a party to, without the consent of all parties, is a misdemeanor; recording someone else’s call without it is a class B felony. Public utilities that record emergency or dispatch calls are required to provide an automatic tone warning that repeats at regular intervals during the call.
Notices and warnings: New Hampshire requires public utilities that record emergency or dispatch calls to provide an automatic tone warning that repeats at regular intervals during the conversation (§ 570-A:2).
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 New Hampshire's law is a question for a lawyer licensed in New Hampshire.
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
Intercepting without the consent of all parties is a class B felony.
“A person is guilty of a class B felony if ... without the consent of all parties to the communication”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
The felony covers willful interception of any telecommunication or oral communication.
“Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication;”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
A party to the call (or someone with one party's consent) who intercepts without all-party consent commits a misdemeanor.
“guilty of a misdemeanor if ... the person knowingly intercepts a telecommunication or oral communication when the person is a party to the communication”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
'Intercept' includes recording the contents of a call.
“"Intercept" means the aural or other acquisition of, or the recording of, the contents of any telecommunication or oral communication”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
'Telecommunication' covers information carried by a communications common carrier (telephone calls).
“"Telecommunication" means the transfer of any form of information in whole or in part through the facilities of a communications common carrier.”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
In-person 'oral communication' is protected when the speaker reasonably expects it is not being intercepted.
“any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Maximum prison term for a class B felony is seven years.
“Seven years for a class B felony,”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Maximum prison term for a class A misdemeanor is one year.
“One year for a class A misdemeanor,”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Show 9 more facts
Individual fine caps: $4,000 felony, $2,000 class A misdemeanor, $1,200 class B misdemeanor.
“Any individual may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Corporate fine caps: $100,000 felony, $20,000 misdemeanor.
“A corporation or unincorporated association may not exceed $100,000 for a felony, $20,000 for a misdemeanor”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
A misdemeanor not classified by statute is presumed to be a class B misdemeanor.
“Any crime designated within or outside this code as a misdemeanor without specification of the classification shall be presumed to be a class B misdemeanor”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
The class B presumption yields when the state gives notice it seeks class A penalties.
“The state files a notice of intent to seek class A misdemeanor penalties on or before the date of arraignment.”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
A class B misdemeanor sentence cannot include incarceration.
“A person convicted of a class B misdemeanor may be sentenced to ... a fine, or other sanctions, which shall not include incarceration”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Civil damages: actual damages, with a floor of $100 per day or $1,000, whichever is higher.
“actual damages but not less than liquidated damages computed at the rate of $100 a day ... or $1,000, whichever is higher”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Civil plaintiffs may also recover punitive damages, attorney's fees and costs.
“punitive damages; and (c) a reasonable attorney's fee and other litigation costs reasonably incurred.”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Public utilities recording emergency or dispatch calls must use an automatic repeating tone warning.
“shall provide an automatic tone warning device which automatically produces a distinct signal that is repeated at regular intervals during the conversation.”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
Emergency services may record emergency calls in the course of their work.
“when receiving or responding to emergency calls, to intercept, record, disclose or use a telecommunication”
Source: gc.nh.gov (official source, opens in a new tab) · read October 13, 2026
New Hampshire call recording questions
Is New Hampshire a one-party consent state?
No. New Hampshire requires the consent of all parties to record a phone call or a private in-person conversation. Recording without it is a class B felony, or a misdemeanor when the person recording is a party to the call or has one party’s consent (N.H. Rev. Stat. Ann. § 570-A:2).
What is the penalty for recording a call illegally in New Hampshire?
Intercepting a call without all parties' consent is a class B felony (prison up to 7 years; fine up to $4,000 for an individual, up to $100,000 for a corporation). If the recorder is a party to the call or has one party's consent, it is a misdemeanor instead: presumed class B (fine only, up to $1,200 for an individual, no jail) unless the state seeks class A penalties (up to 1 year, fine up to $2,000); a corporation's misdemeanor fine can reach $20,000.
What does New Hampshire's law say about lawsuits over recorded calls?
A person whose call was unlawfully intercepted may recover actual damages, but not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), plus punitive damages and a reasonable attorney's fee and litigation costs.
Does New Hampshire use the same rule for in-person conversations?
In-person “oral communication” is protected when the speaker has a reasonable expectation that it is not being intercepted (§ 570-A:1).
What do New Hampshire's sources say about businesses that record calls?
Under § 570-A:2, recording a call that the person recording is a party to, without the consent of all parties, is a misdemeanor; recording someone else’s call without it is a class B felony. Public utilities that record emergency or dispatch calls are required to provide an automatic tone warning that repeats at regular intervals during the call.