New York call recording law
Is New York a one-party consent state?
One-party consent
Yes. New York is a one-party consent state. Wiretapping means recording a phone call by someone other than the sender or receiver, without the consent of either one, so the consent of one party to the call is enough (N.Y. Penal Law § 250.00).
Last checked October 13, 2026 · 11 quoted facts from official pages
New York at a glance
- Phone calls
- One-party consent
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Eavesdropping is a class E felony: a prison term of up to four years and a fine up to the higher of $5,000 or double the defendant's gain; a corporation can be fined up to $80,000 for a felony.
- Last checked
- October 13, 2026
The law
- N.Y. Penal Law § 250.00 (eavesdropping; definitions) (official source, opens in a new tab)
- N.Y. Penal Law § 250.05 (eavesdropping) (official source, opens in a new tab)
- N.Y. Penal Law § 70.00 (felony prison terms) (official source, opens in a new tab)
- N.Y. Penal Law §§ 80.00, 80.10 (felony fines; corporate fines) (official source, opens in a new tab)
- N.Y. C.P.L.R. 4506 (eavesdropping evidence inadmissible) (official source, opens in a new tab)
Penalties
- Criminal
- Eavesdropping is a class E felony: a prison term of up to four years and a fine up to the higher of $5,000 or double the defendant's gain; a corporation can be fined up to $80,000 for a felony.
In-person conversations
Recording an in-person conversation is a crime only when it is done without the consent of at least one party, by a person who is not present (§ 250.00).
What this means for a business that records calls
Evidence obtained by eavesdropping may not be received in any New York trial, hearing or proceeding, except against the person who committed the eavesdropping (C.P.L.R. 4506).
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 York's law is a question for a lawyer licensed in New York.
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
Wiretapping is the intentional overhearing or recording of a telephone communication.
“"Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Wiretapping covers only someone who is not a sender or receiver and lacks the consent of either one (one-party consent).
“by a person other than a sender or receiver thereof, without the consent of either the sender or receiver”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Recording an in-person conversation is unlawful only without at least one party's consent and by someone not present.
“without the consent of at least one party thereto, by a person not present thereat”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Intercepting electronic communications is unlawful without the consent of the sender or intended receiver.
“without the consent of the sender or intended receiver thereof”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Eavesdropping is unlawfully engaging in wiretapping, mechanical overhearing, or intercepting electronic communications.
“A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Eavesdropping is a class E felony.
“Eavesdropping is a class E felony.”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
The maximum prison term for a class E felony is four years.
“For a class E felony, the term shall be fixed by the court, and shall not exceed four years.”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Felony fine for an individual: up to the higher of $5,000 or double the gain.
“not exceeding the higher of a. five thousand dollars; or b. double the amount of the defendant's gain”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Show 3 more facts
Felony fine for a corporation: generally up to $80,000.
“Eighty thousand dollars, when the conviction is of a felony;”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Evidence obtained by eavesdropping is inadmissible in New York proceedings.
“obtained by conduct constituting the crime of eavesdropping ... may not be received in evidence in any trial, hearing or proceeding”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
Such evidence is admissible against the person who committed the eavesdropping.
“shall be admissible in any civil or criminal trial, hearing or proceeding against a person who has, or is alleged to have, committed such crime”
Source: nysenate.gov (official source, opens in a new tab) · read October 13, 2026
New York call recording questions
Is New York a one-party consent state?
Yes. New York is a one-party consent state. Wiretapping means recording a phone call by someone other than the sender or receiver, without the consent of either one, so the consent of one party to the call is enough (N.Y. Penal Law § 250.00).
What is the penalty for recording a call illegally in New York?
Eavesdropping is a class E felony: a prison term of up to four years and a fine up to the higher of $5,000 or double the defendant's gain; a corporation can be fined up to $80,000 for a felony.
Does New York use the same rule for in-person conversations?
Recording an in-person conversation is a crime only when it is done without the consent of at least one party, by a person who is not present (§ 250.00).
What do New York's sources say about businesses that record calls?
Evidence obtained by eavesdropping may not be received in any New York trial, hearing or proceeding, except against the person who committed the eavesdropping (C.P.L.R. 4506).