Yes, New York permits recording phone calls if at least one party consents, aligning with New York’s “one-party consent” law under Penal Law § 250.20. However, federal law (18 U.S.C. § 2511) requires compliance with stricter jurisdictions if parties are outside New York. The New York State Department of State’s 2026 regulatory updates emphasize explicit disclosure of recording practices in business communications to mitigate litigation risks.
Key Regulations for Recording Phone Calls in New York
- One-Party Consent Requirement: Penal Law § 250.20 allows recording if any participant (including the recorder) consents, eliminating the need for all-party notification. This differs from “all-party consent” states like California.
- Business & Commercial Contexts: The New York State Department of State’s 2026 guidance mandates clear, conspicuous disclosures in consumer-facing recordings (e.g., telemarketing) to comply with General Business Law § 399-z.
- Federal Cross-Jurisdictional Risks: If a call involves parties in “all-party consent” states (e.g., Massachusetts), federal law defers to the stricter standard, requiring multi-state compliance strategies.