Texas — one-party consent
Texas follows one-party consent. If you are a participant in the conversation, you may record it without telling anyone else.
For a contractor working in Texas and calling within Texas, recording your own work calls is straightforward. The complication is interstate calls: a Texas GC calling a supplier in California or an owner in Florida is in different territory, and the safe approach there is to disclose. See recording across state lines.
Florida — all-party consent
Florida requires the consent of every party to the communication. It is one of the twelve all-party states, and violations are treated as a felony with maximum penalties reaching five years of imprisonment and a $5,000 fine.
Florida's construction market is large, active, and full of interstate work — which means a lot of contractors calling into Florida from one-party states are creating exposure without realizing it. If you do work in Florida, disclosure isn't a best practice, it's the operating requirement.
California — all-party consent
California also requires all-party consent, under the California Invasion of Privacy Act. Penalties run up to a year in jail and a $2,500 fine, rising to $10,000 for repeat violations — and CIPA also provides for civil liability, which means the person recorded can sue you directly.
That civil exposure is what distinguishes California in practice. In most states the risk of an unlawful recording is a criminal one that a prosecutor has to decide to pursue. In California, the recorded party has their own cause of action, which makes enforcement far more likely.
Side by side
| Texas | Florida | California | |
|---|---|---|---|
| Consent required | One party | All parties | All parties |
| Can you record your own call? | Yes | Only with consent | Only with consent |
| Maximum criminal penalty | — | 5 years + $5,000 | 1 year + $2,500 ($10,000 repeat) |
| Private right of action | Limited | Yes | Yes, under CIPA |
What this means for a contractor working across them
If your work touches Florida or California at all — a supplier, an owner, a sub, a client who spends winters there — the practical policy is to disclose on every call rather than sorting calls by geography.
Two reasons. Mobile numbers don't tell you where someone is, so you can't reliably sort. And a policy with exceptions gets forgotten on the day you're busiest, which is the day you're most likely to be having a consequential conversation.
The whole disclosure
"Quick heads up — I record my work calls so I don't lose the details. That work for you?"
Then wait for a yes. If someone declines, don't record, and mark them so you don't have to remember next time.
The other nine states
Florida and California are the two most likely to matter to a contractor by sheer volume of construction, but the all-party list also includes Connecticut, Delaware, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, Pennsylvania and Washington. Illinois is a felony state; Pennsylvania and New Hampshire carry seven-year maximums.
The full table, with penalties, is in our state-by-state guide.
Common questions
Can you record a phone call in Texas without telling the other person?
Yes. Texas is a one-party consent state, so a participant in the conversation may record it without notifying the others. Interstate calls are a separate question, since the other party's state law may be stricter.
Is it illegal to record a phone call in Florida?
Without the consent of every party, yes. Florida is an all-party consent state and violations are treated as a felony, with maximum penalties reaching five years imprisonment and a $5,000 fine.
Can I record a business call in California?
Only with the consent of everyone on the call. California requires all-party consent under the California Invasion of Privacy Act, with criminal penalties up to a year in jail and $2,500 — $10,000 for repeat violations — plus a private right of action allowing the recorded party to sue.
What if I'm in Texas calling someone in California?
Treat it as a California call and disclose. Which state's law governs an interstate recording is unsettled, and all-party states have shown a tendency to apply their own law to protect their residents.
Which US states require all-party consent to record a call?
Twelve: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, Pennsylvania and Washington.
Stop losing the details between calls.
Iron Notes records your work calls and voice notes and sends you a plain recap — what was said, who owes what, and what's next. Free for 30 days.
See how it worksRecording laws change and vary by jurisdiction. This is general information, not legal advice. If you record calls regularly for work, it's worth a short conversation with an attorney in your state.