Yes, Puerto Rico permits recording phone calls under specific conditions. State law aligns with the federal One-Party Consent rule, allowing recordings if at least one participant consents. The Puerto Rico Telecommunications Act (Law No. 167 of 2000) and the Electronic Communications Privacy Act (Law No. 221 of 2003) govern this practice. Violations may trigger civil penalties under the Consumer Protection Act (Law No. 77 of 2000), with potential fines up to $10,000 per incident. Businesses must also comply with the 2026 Telecommunications Modernization Act, which imposes stricter disclosure requirements for automated recordings.
Key Regulations for Recording Phone Calls in Puerto Rico
- One-Party Consent Requirement: Only one participant in the conversation must be aware of and consent to the recording. This includes employees or agents acting on behalf of a business.
- Business Disclosure Obligations: Entities recording calls for customer service, sales, or compliance must disclose the practice via written notices or automated messages. The 2026 Telecommunications Modernization Act mandates these disclosures be conspicuous and accessible.
- Prohibition on Interception: Recording calls without consent or using intercepted communications for unauthorized purposes violates Law No. 221, which criminalizes wiretapping without prior agreement. Violations may result in misdemeanor charges.
Businesses operating in Puerto Rico must also adhere to federal regulations, including the Telephone Consumer Protection Act (TCPA) and Federal Communications Commission (FCC) guidelines, which impose additional restrictions on automated calls and recordings. Non-compliance risks litigation, regulatory sanctions, and reputational damage.