Yes, Hawaii law permits recording phone calls if at least one party consents, aligning with the “one-party consent” rule under Hawaii Revised Statutes § 803-42. Unilateral recording is lawful, but all parties must be notified if the call crosses state lines due to federal wiretapping statutes. The Hawaii Department of Commerce and Consumer Affairs enforces these rules, with penalties up to $5,000 per violation. Recent 2026 amendments to HRS § 803-43 now require explicit disclosure of recording in commercial telemarketing scripts.
Key Regulations for Recording Phone Calls in Hawaii
- One-Party Consent Requirement: Only one participant in the call must agree to recording under HRS § 803-42, but Hawaii courts interpret this strictly—silent recording without any party’s knowledge is prohibited.
- Interstate Calls: Federal law (18 U.S.C. § 2511) mandates two-party consent for calls crossing state lines, overriding Hawaii’s rule if the other jurisdiction has stricter standards.
- Commercial Use Disclosure: The 2026 amendments to HRS § 803-43 impose mandatory oral or written notice in telemarketing calls, with violations subject to fines administered by the DCCA’s Regulated Industries Complaints Office.
Businesses must maintain contemporaneous records of consent and ensure scripts comply with updated disclosure mandates. Non-compliance risks civil liability and regulatory sanctions, as the DCCA actively audits call recording practices.