Can You Record Calls with Debt Collectors? State-by-State Rules

By Talk About Debt Team
Reviewed by Ben Jackson
Last Updated: February 17, 2026
5 min read
The Bottom Line

Recording debt collector calls is legal in most states with just your consent. However, ten states require permission from all parties before recording. Breaking these laws results in criminal charges and civil penalties, so know your state's rules before hitting record.

Answer Your Lawsuit

Debt collectors calling you constantly? You might want to record those conversations.

Recording calls can protect you from abusive practices. The evidence helps if you file a complaint or lawsuit.

Being Sued by a Debt Collector? Respond Now

Missing your court deadline means automatic judgment against you. Protect yourself with a proper legal response before time runs out.

File Your Answer

But recording laws vary by state. Some allow it freely. Others require the debt collector’s permission.

Understanding these rules keeps you safe from legal trouble.

Federal law 18 U.S. Code § 2511 sets the baseline. One person must consent to record a phone call.

You can record any conversation you’re part of. No one else’s permission needed.

You can also record if someone in the conversation gives consent. Just don’t record for criminal purposes.

Most states follow this federal standard. But some require consent from everyone on the call.

State law overrides federal law when stricter rules apply.

These states require all parties to agree before recording:

  • California (CA Penal Code §632 and §637.2)
  • Florida (FL Stat §934.03)
  • Illinois (ILCS §14-2, §5/14-4, §5/14-6)
  • Maryland (MD Cts & Jud Pro Code §10-402 and §10-410)
  • Massachusetts (MA Gen L Ch 272 §99)
  • Michigan (MI Comp L §750.539c)
  • Montana (MT Code §45-8-213)
  • New Hampshire (NH Rev Stat §570-A:2 and §570-A:11)
  • Pennsylvania (18 PA Cons Stat §5703, §5704)
  • Washington (WA Rev Code §9.73.030, §9.73.080, §9.73.060)

You must ask the debt collector for permission in these states. Failure to do so breaks the law.

The debt collector’s location matters too. Their state law may apply even if you’re elsewhere.

If they refuse permission, stick to written communication instead.

Breaking recording laws carries serious consequences. Penalties vary by state.

California

Unauthorized recordings lead to criminal charges and civil damages. People expect privacy in conversational phone calls.

Florida

Recording without consent brings misdemeanor or felony charges. You may also face civil damages and fines.

Illinois

Felony charges await those who record private conversations without permission. Illinois takes privacy seriously.

Maryland

All parties must consent when privacy is expected. Criminal intent voids any consent given.

Massachusetts

Recording without knowledge of all parties is a felony. Jail time is possible.

Michigan

Unauthorized recordings result in felony charges. Fines and imprisonment can follow.

Montana

Recording without permission brings fines or jail time. Exceptions exist for public officials.

New Hampshire

Illegal recordings lead to felony or misdemeanor charges. Written consent protects you.

Pennsylvania

Recording without consent is a felony offense. Civil fines or damages may apply.

Washington

Consent from all parties is mandatory. An announcement at call start satisfies the requirement. Civil damages await violators.

Living in a one-party consent state makes recording easier. You can record any call you’re part of.

But check where the debt collector is located. Their state’s stricter laws may apply to you.

Recording with criminal intent remains illegal everywhere. Misdemeanor or felony charges can result.

Civil damages are also possible in most states.

Written Communication Beats Phone Calls

Need to set up a payment plan? Written communication works better.

You’ll have proof of any agreement made. The debt collector can’t change terms later.

Documents hold up better in court than recordings. They’re accepted everywhere without consent issues.

However, recordings prove harassment when it’s happening. Abusive debt collectors violate the Fair Debt Collection Practices Act.

You can file complaints with the Consumer Financial Protection Bureau or Better Business Bureau. Recordings support your claims.

You might even have grounds for a civil lawsuit. Evidence of abuse strengthens your case.

Our partner Solo helps you respond to debt collectors legally. You can answer lawsuits and negotiate settlements.

Know Your Rights Before Recording

Research your state’s recording laws first. Breaking them creates problems you don’t need.

Check the debt collector’s state laws too. Both might apply to your situation.

Protecting yourself from abusive collectors is important. You shouldn’t tolerate illegal collection practices.

Document everything in writing when possible. Save emails, letters, and payment confirmations.

Recordings work as backup evidence in one-party states. Just follow the rules carefully.

Respond to Debt Collection Lawsuits Quickly

Debt collectors suing you? Time matters more than anything.

Each state sets a deadline for answering lawsuits. Missing it almost guarantees you lose.

Courts issue default judgments against people who don’t respond. The collector wins automatically.

Default judgments allow wage garnishment and bank account freezes. Liens on your property become possible.

You can fight back without hiring expensive lawyers. Follow these three steps:

  1. Respond to each claim in the Complaint document
  2. Assert your affirmative defenses
  3. File your Answer with the court and send a copy to the opposing attorney

Our partner Solo guides you through the Answer process. The web app asks all necessary questions.

An attorney reviews your document before filing. You get professional help at a fraction of the cost.

Settlement negotiations are also available through the platform. Many debts settle for less than owed.

Frequently Asked Questions

What states require two-party consent to record calls?

California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington require all parties to consent before recording phone conversations. You must ask the debt collector for permission in these states.

Can I record a debt collector without their permission?

You can record without permission if you live in a one-party consent state and the debt collector is also located in a one-party consent state. If either party is in a two-party consent state, you need permission from everyone on the call.

What happens if I illegally record a debt collector?

Penalties vary by state but can include misdemeanor or felony charges, fines, jail time, and civil damages. California, Massachusetts, Michigan, and Pennsylvania impose particularly strict penalties including possible felony charges and imprisonment.

How do I protect myself from abusive debt collectors?

Document all interactions in writing whenever possible. Save emails, letters, and payment confirmations. In one-party consent states, you can record calls as backup evidence. File complaints with the Consumer Financial Protection Bureau or Better Business Bureau if collectors violate the law.

What should I do if a debt collector sues me?

Respond immediately before your state's deadline passes. Answer each claim in the complaint, assert your defenses, and file your response with the court. Missing the deadline results in a default judgment allowing wage garnishment and bank account freezes.

Related Guides

Debt Collectors Keep Calling? What You Can Legally Do
9 min read
Got a Debt Collection Letter? Your Next 3 Moves (Before You Pay)
8 min read
Trident Asset Management Called? Here's What You Do Next
8 min read