Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in Maryland

Short answer: No. Maryland is an all-party (often called “two-party”) consent state. Under Md. Code, Cts. & Jud. Proc. § 10-402, everyone on a private call must consent before it is recorded.

Plain-English summary

Maryland is an all-party-consent state. Md. Code, Cts. & Jud. Proc. § 10-402(a) prohibits the willful interception of any wire, oral, or electronic communication, and unlike the federal statute, the Maryland statute requires the consent of all parties to the communication (§ 10-402(c)(3)).

A participant in a Maryland phone call must obtain consent from every other party before recording. The civil remedy at § 10-410 provides actual damages with statutory minimums, punitive damages where appropriate, and attorney’s fees.

Case law of note

No appellate decision in Maryland has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

  • In-person vs. phone. Same — all-party
  • Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
  • Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Maryland appellate decision on the question.
  • Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
  • Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Felony; up to 5 years and/or $10,000.

Civil: Yes — § 10-410 provides actual and statutory damages.

Evidence: a recording made in violation of the Maryland statute is generally inadmissible in Maryland proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

  • If you are recording an ordinary phone call: obtain audible consent from every party at the start of the call.
  • Suggested opening: See our consent script templates for jurisdiction-specific language.
  • If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
  • What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.

Compare to

Resources for Maryland

Frequently asked questions

Is Maryland a one-party consent state?

No. Maryland is an all-party (often called “two-party”) consent state. Under Md. Code, Cts. & Jud. Proc. § 10-402, everyone on a private call must consent before it is recorded.

Can I record a phone call in Maryland without the other person knowing?

No. In Maryland you need the consent of everyone on the call. The simplest method is to announce the recording at the start of the call and get a verbal yes on the recording; if someone objects, stop recording.

Does the same rule apply to in-person conversations in Maryland?

Yes. Maryland applies the same all-party rule to in-person conversations.

What is the penalty for illegally recording a call in Maryland?

Criminal: Felony; up to 5 years and/or $10,000. Civil: Yes — § 10-410 provides actual and statutory damages.

Can a phone recording be used as evidence in Maryland?

A recording made in violation of Maryland law is generally inadmissible in Maryland proceedings, and federal law (18 U.S.C. § 2515) bars unlawfully intercepted communications in federal proceedings. A lawfully made recording can be admissible, but it must still be authenticated and relevant — ask a lawyer before relying on one.

What if the other person on the call is in a different state?

When a call crosses state lines, courts may apply the stricter state’s law. If anyone on the call is in an all-party consent state such as California, Florida or Illinois, get everyone’s consent before recording. See cross-border calls.