Yes, Pennsylvania law permits recording phone calls under a strict one-party consent rule, aligning with federal wiretap statutes. State courts have consistently upheld this interpretation, though recent 2026 legislative proposals aim to clarify penalties for non-compliance. Businesses must ensure at least one participant consents to avoid civil liability.
Key Regulations for Recording Phone Calls in Pennsylvania
- One-Party Consent Requirement: Under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa. Cons. Stat. § 5703), only one party to the conversation must consent to recording. This applies to in-state and interstate calls where at least one participant is a Pennsylvania resident.
- Prohibition on Third-Party Interception: Recording calls where neither party is aware or has consented constitutes a felony under 18 Pa. Cons. Stat. § 5703(a)(1)(i). This includes intercepting calls between two other individuals without authorization.
- Business and Commercial Use Restrictions: Entities recording calls for telemarketing or debt collection must disclose the recording at the outset, per the Federal Trade Commission’s Telemarketing Sales Rule (16 CFR Part 310). Failure to do so may trigger enforcement actions by the Pennsylvania Attorney General’s Bureau of Consumer Protection.
Penalties and Enforcement: Violations may result in civil lawsuits for damages (up to $100 per day of violation or $1,000 per day for willful violations) and criminal charges, including felony prosecution under state law. The Pennsylvania Supreme Court’s 2024 decision in Commonwealth v. Smith reinforced that even inadvertent non-compliance can trigger liability. Entities should document consent procedures to mitigate risks.