Yes, recording phone calls in New Hampshire is legal under state law, provided at least one party to the conversation consents. New Hampshire is a “one-party consent” jurisdiction, meaning you may record calls without informing all participants. The New Hampshire Attorney General’s Office enforces this rule, and violations may trigger civil penalties under RSA 570-A. Businesses must also comply with federal wiretapping laws (18 U.S.C. § 2511) when recording calls involving out-of-state parties.
Key Regulations for Recording Phone Calls in New Hampshire
- One-Party Consent Requirement: Only one participant in the call must agree to recording; no notice to other parties is legally mandated. This aligns with RSA 570-A:2, which permits interception if a party to the communication has given prior consent.
- Federal Compliance for Interstate Calls: When recording calls crossing state lines, businesses must adhere to the stricter of New Hampshire’s or the other state’s laws. For example, a call with a participant in a “two-party consent” state (e.g., Massachusetts) requires compliance with that state’s rules.
- Prohibition on Third-Party Interception: Unauthorized recording of calls where you are not a participant violates RSA 570-A:3, punishable by fines up to $1,000 or imprisonment for up to one year. The New Hampshire Department of Justice actively monitors corporate compliance under this statute.