A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C.

• Introduction

• State-by-state guide

• Tape-recording laws
  at a glance

• Consent and its limits

• Interstate phone calls

• Possession and
  publication

• The FCC’s role

• Cellular & cordless calls

• Citations to cases

Connecticut

It is illegal to tape a telephone conversation in Connecticut without the consent of all parties. Conn. Gen. Stat. § 52-570d. Consent should be given prior to the recording, and should either be in writing or recorded verbally, or a warning that the conversation is being taped should be recorded.

Recording a telephone conversation without the consent of all the parties subjects an individual to liability for civil damages, as well as litigation costs and attorney fees. In addition, it is a felony punishable by imprisonment for one to five years for anyone who is not a party to a conversation to mechanically overhear or record that conversation, including telephonic and cellular or wireless communications and face-to-face discussions, without the consent of at least one party. Conn. Gen. Stat. §§ 53a-187, 189.

However, rerecording an illegally taped conversation by a third party may not violate the statute. Holler v. Buckley Broadcasting Corp., 706 A.2d 1379 (Conn. App. Ct. 1998).