Call Recording Laws in Connecticut
Plain-English summary
Connecticut is a mixed-consent state. The criminal eavesdropping statute, § 53a-187, requires only that one party consent — making criminal participant recording lawful. But § 52-570d creates a separate civil cause of action against any person who records a telephonic communication without the consent of all parties, subject to enumerated exceptions.
The civil statute is what makes Connecticut effectively all-party for telephone calls: a participant who records without obtaining the other party’s consent commits no crime but exposes themselves to a private suit with statutory damages. In-person recording remains one-party. The civil statute has narrow exceptions for law enforcement, for parties acting under court order, and for recordings made to obtain evidence of crime where notice is given (§ 52-570d(b)).
Case law of note
No appellate decision in Connecticut has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.
Edge cases and special rules
- In-person vs. phone. One-party consent for in-person; all-party for telephonic under § 52-570d
- Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
- Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Connecticut appellate decision on the question.
- Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
- Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.
Penalties and remedies
Criminal: Class D felony under § 53a-187 for non-participant interception; participant recording generally not criminal.
Civil: Yes — § 52-570d creates a civil cause of action for unauthorized recording of telephonic communications.
Evidence: a recording made in violation of the Connecticut statute is generally inadmissible in Connecticut proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.
Practical guidance
- If you are recording an ordinary phone call: obtain audible consent from every party at the start of the call.
- Suggested opening: See our consent script templates for jurisdiction-specific language.
- If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
- What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.
Compare to
- New York
- Massachusetts
- Rhode Island
- US federal law (the Wiretap Act baseline)
- One-party vs. all-party consent explained
- Cross-border calls