Phone Recording - The law in Delaware

This is general information and not legal advice, please consult counsel for specifics that apply to your business.

Consent requirements in Delaware

At least one party must consent to recording in-person or phone conversations under Delaware law, though state statutes conflict somewhat. Under the state’s wiretapping law, it is lawful for someone to intercept a communication as long as they themselves or another party to the conversation consents, and if the interception does not serve to further criminal, tortious, or other unlawful activity. But under the state’s privacy law, which is older, all parties to a conversation must consent to recording. This is counterbalanced by a 1975 Delaware federal district court opinion, U.S. v. Vespe, which interpreted the privacy law to reflect the federal rule that only one party needs to consent to recording. Violation of the wiretapping law is a felony, and can also provide the basis for actual and punitive damages in a civil suit. Violation of the privacy law is a misdemeanor.

Best practices for compliant recording

• Play a clear consent message at the start of every recorded call.
• Document consent capture in your CRM record.
• Retain recordings only for the period required by regulation or policy.
• Restrict access to recordings to authorised personnel.

Other states