Phone Recording - The law in New Hampshire
New Hampshire law provides that it is illegal to record an in-person or telephone conversation without the consent of all parties. However, the New Hampshire Supreme Court has held that a party essentially consented to a recording when the overall circumstances demonstrated that they knew they were being recorded. Illegal recording is a felony unless the person recording was a party to the conversation or had the consent of a party, in which case it is a misdemeanor. Violators may also be subject to civil liability.
This is general information and not legal advice, please consult counsel for specifics that apply to your business.
Consent requirements in New Hampshire
New Hampshire law provides that it is illegal to record an in-person or telephone conversation without the consent of all parties. However, the New Hampshire Supreme Court has held that a party essentially consented to a recording when the overall circumstances demonstrated that they knew they were being recorded. Illegal recording is a felony unless the person recording was a party to the conversation or had the consent of a party, in which case it is a misdemeanor. Violators may also be subject to civil liability.
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
Stay compliant by default
RocketPhone bakes consent prompts and retention policies into every call.