New Jersey call recording law
Is New Jersey a one-party consent state?
One-party consent
Yes. New Jersey is a one-party consent state. 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 or used to commit a criminal, tortious or other injurious act (N.J. Stat. Ann. § 2A:156A-4).
Last checked October 13, 2026 · 10 quoted facts from official pages
New Jersey at a glance
- Phone calls
- One-party consent
- The law
- N.J. Stat. Ann. § 2A:156A-4 (lawful interception activities) (official source, opens in a new tab)
- Criminal penalty
- Unlawful interception is a crime of the third degree: an ordinary prison term of 3 to 5 years and a fine of up to $15,000.
- Lawsuits
- The 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.J. Stat. Ann. § 2A:156A-4 (lawful interception activities) (official source, opens in a new tab)
- N.J. Stat. Ann. § 2A:156A-3 (interception; crime of the third degree) (official source, opens in a new tab)
- N.J. Stat. Ann. § 2A:156A-24 (civil action for damages) (official source, opens in a new tab)
- N.J. Stat. Ann. § 2C:43-6 (ordinary terms of imprisonment) (official source, opens in a new tab)
- N.J. Stat. Ann. § 2C:43-3 (fines) (official source, opens in a new tab)
Penalties
- Criminal
- Unlawful interception is a crime of the third degree: an ordinary prison term of 3 to 5 years and a fine of up to $15,000.
- Civil (lawsuits)
- The 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.
What this means for a business that records calls
Being the subscriber to a telephone does not by itself authorize recording other people’s calls on it (§ 2A:156A-4). Providers of wire or electronic communication service may not use service observing or random monitoring except for mechanical or service quality control checks.
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 Jersey's law is a question for a lawyer licensed in New Jersey.
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
A private person may intercept a communication they are a party to, or one where a party has given prior consent.
“where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
The one-party exception does not cover interception or use to commit a crime, tort or other injurious act.
“unless such communication is intercepted or used for the purpose of committing any criminal or tortious act”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
The exception also excludes recordings made to commit 'any other injurious act'.
“or for the purpose of committing any other injurious act.”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
Being the telephone subscriber is not consent to intercept calls among other people on that phone.
“The fact that such person is the subscriber to a particular telephone does not constitute consent effective to authorize interception”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
Communication service providers may not use service observing or random monitoring except for quality control checks.
“No provider of wire or electronic communication service shall utilize service observing or random monitoring except for mechanical or service quality control checks”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
Purposely intercepting a wire, electronic or oral communication (outside the exceptions) is a third-degree crime.
“Purposely intercepts, endeavors to intercept, or procures any other person to intercept ... shall be guilty of a crime of the third degree.”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
Ordinary prison term for a third-degree crime is three to five years.
“In the case of a crime of the third degree, for a specific term of years ... between three years and five years”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
Maximum fine for a third-degree crime is $15,000.
“$15,000.00 when the conviction is of a crime of the third degree;”
Source: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
Show 2 more facts
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 $100.00 a day ... or $1,000.00, whichever is higher;”
Source: lis.njleg.state.nj.us (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: lis.njleg.state.nj.us (official source, opens in a new tab) · read October 13, 2026
New Jersey call recording questions
Is New Jersey a one-party consent state?
Yes. New Jersey is a one-party consent state. 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 or used to commit a criminal, tortious or other injurious act (N.J. Stat. Ann. § 2A:156A-4).
What is the penalty for recording a call illegally in New Jersey?
Unlawful interception is a crime of the third degree: an ordinary prison term of 3 to 5 years and a fine of up to $15,000.
What does New Jersey's law say about lawsuits over recorded calls?
The 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.
What do New Jersey's sources say about businesses that record calls?
Being the subscriber to a telephone does not by itself authorize recording other people’s calls on it (§ 2A:156A-4). Providers of wire or electronic communication service may not use service observing or random monitoring except for mechanical or service quality control checks.