Can you legally record a conversation in New Jersey?

phonerecordingYou can legally record both phone and in-person conversations in New Jersey as long as one of the people in that conversation agrees to the recording of it – and it’s fine if the one person is you. State law makes the phone recording legal; and federal law makes the in-person conversation recordings legal. If you need guidance for your state, check the Digital Media Law Project website.

Digital Media Law Project tells us that New Jersey is a “one-party consent” law state as regards the recording of both phone and in-person conversations:

In addition to federal law, thirty-eight states and the District of Columbia have adopted “one-party consent” laws and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents …

New Jersey makes it a crime to intercept or record an in-person or telephone conversation unless one party to the conversation consents. N.J. Stat. §§ 2A:156A-3, -4 … Thus, if you operate in New Jersey, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

And the right to record in-person conversations is also covered by federal law:

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a “one-party consent” law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a “one-party consent” law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.

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