Can I legally record a phone call or conversation in Massachusetts?

Massachusetts has the strictest wiretap statute among the all-party states because it prohibits secret recording regardless of whether a recording party is present.

1. Consent Rule

Mass. Gen. Laws ch. 272, § 99(B)(4) defines "interception" as "to secretly hear, secretly record, or aid another to secretly hear or record" without authority or consent of all parties. The Supreme Judicial Court in Commonwealth v. Hyde (2001) and the First Circuit in Project Veritas Action Fund v. Rollins (2020) confirm Massachusetts is a true all-party state — but only secret recording is barred (open recording is permitted).

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 allows one-party consent. Massachusetts is stricter and controls within the state.

3. In-Person vs Electronic

Same rule for both. There is no "reasonable expectation of privacy" element — secret recording of any oral or wire communication is barred regardless of setting (though Project Veritas protects open recording of police in public).

4. Cross-Border Calls

A Massachusetts-end call generally triggers Massachusetts law. Out-of-state callers recording a Massachusetts party in a one-party state can face Massachusetts civil suit.

5. Criminal Penalties

Violation of § 99(C) is punishable by up to 5 years in state prison or 2.5 years in jail and up to $10,000 fine. Disclosure or use of illegally recorded material is also a crime.

6. Civil Liability

Mass. Gen. Laws ch. 272, § 99(Q) provides actual damages plus $100/day or $1,000, whichever is greater; punitive damages; reasonable attorney fees; and litigation costs. Federal § 2520 provides parallel relief.

7. Exceptions

Open and obvious recording (no secrecy = no violation); law enforcement designated "investigative or law enforcement officer" under § 99 with court warrant; financial-institution-protective monitoring; FCC monitoring.

8. Video / Surveillance

Mass. Gen. Laws ch. 272, § 105 (peeping toms / hidden cameras) is a misdemeanor; § 105(b) for secretly photographing intimate areas is a felony.

This is legal information, not legal advice.