Maine
Maine Phone Call Recording Laws: Consent Rules for Cell, Landline, and VoIP (2026)
Maine is a one-party consent state because 15 M.R.S.A. section 709 excludes a party to the communication from the definition of "intercept," so you can legally record any phone call you participate in without telling the other party. If you call someone in a two-party consent state such as Massachusetts or New Hampshire, that state's stricter consent rules may apply.
Maine allows you to record your own phone calls under a one-party consent framework. Under 15 M.R.S.A. section 710, unauthorized interception is a crime, but section 709 defines "intercept" to exclude a person who is a party to the communication, so you can legally record any telephone conversation you are a party to without informing or obtaining consent from the other participants. This guide covers the specific statutes governing phone call recording in Maine, criminal and civil penalties for violations, cross-state calling rules, and practical guidance for common recording situations.
Maine One-Party Consent for Phone Calls
The Core Statutes
Maine's phone call recording laws are found in Title 15, Chapter 102 of the Maine Revised Statutes:
- 15 M.R.S.A. section 710 establishes criminal penalties for unauthorized interception of wire and oral communications
- 15 M.R.S.A. section 709 defines "intercept" to exclude a person who is a party to the communication, or who has the prior authority of the sender or receiver, which is the source of Maine's one-party consent rule
- 15 M.R.S.A. section 711 creates a civil cause of action for victims of illegal interception
Under section 709, "intercept" does not include acquiring a communication when you are a party to it or when a party has given prior authority. Because your participation in the phone call means you are not "intercepting" it under the statute's definition, no separate consent from the other party is required.
What One-Party Consent Means for Phone Calls
Under Maine's one-party consent framework:
- You can record any phone call you are part of without telling the other person
- You can use a call recording app, external recorder, or built-in phone features
- A third party can record a call if at least one participant has given that third party consent
- Your own awareness of the recording constitutes sufficient consent
The law draws a clear line: recording calls you participate in is legal; secretly recording calls between other people that you are not part of is illegal.
Types of Phone Calls Covered
Maine's recording law applies to all types of telephone communications:
- Landline calls between traditional telephone connections
- Cell phone calls on mobile networks
- VoIP calls through platforms like Zoom, Microsoft Teams, Google Meet, and Skype
- Video calls that include audio components
- Conference calls where you are a participant
- Customer service calls where you are one of the parties
Criminal Penalties for Illegal Phone Call Recording
Classification
Unauthorized interception of phone calls in Maine is a Class C crime under 15 M.R.S.A. section 710. Penalties include:
- Up to 5 years in prison
- A fine of up to $5,000
Selling Interception Devices
Manufacturing, distributing, possessing, or advertising devices designed for interception is a Class B crime under the same statute, carrying:
- Up to 10 years in prison
- A fine of up to $20,000
Disclosing Intercepted Communications
Intentionally disclosing the contents of phone calls that were intercepted illegally is also a criminal offense under section 710. Sharing or using information obtained through illegal wiretapping carries the same Class C penalties.
Penalty Summary
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Illegal interception of phone calls | Class C crime | 5 years prison, $5,000 fine |
| Disclosing illegally intercepted calls | Class C crime | 5 years prison, $5,000 fine |
| Possessing interception devices | Class C crime | 5 years prison, $5,000 fine |
| Selling interception devices | Class B crime | 10 years prison, $20,000 fine |
Civil Liability for Illegal Phone Call Recording
Statutory Civil Remedies
Under 15 M.R.S.A. section 711, victims of illegal phone call interception can pursue civil remedies including:
- Actual damages, but not less than liquidated damages computed at $100 per day for each day of violation
- Reasonable attorney fees and litigation costs
Section 711 does not provide for punitive damages or injunctive relief.
Statute of Limitations
Civil actions for illegal interception in Maine must be filed within the applicable limitations period. The general statute of limitations for tort actions in Maine is 6 years under 14 M.R.S.A. section 752.
Phone Call Recordings as Evidence in Maine Courts
General Admissibility
Phone call recordings made legally under Maine one-party consent are generally admissible in court. To admit a recording, the offering party must establish:
- Authentication: The recording is genuine and has not been altered
- Relevance: The recording relates to a matter at issue in the case
- Speaker identification: The voices on the recording can be identified
- Completeness: Courts may require the full recording, not just selected portions
Criminal Cases
Illegally obtained phone call recordings are generally inadmissible in criminal proceedings. Courts will suppress recordings made in violation of 15 M.R.S.A. section 710 when a proper motion is filed.
Civil Cases
In civil litigation, Maine courts apply the same authentication and relevance standards. The court retains discretion to exclude evidence when its probative value is substantially outweighed by unfair prejudice.
Family Court Proceedings
Phone call recordings are frequently offered in Maine family law cases, including divorce, custody, and protection order proceedings. Common uses include:
- Documenting verbal agreements about child custody or property
- Proving harassment, threats, or domestic abuse
- Recording conversations about finances during divorce
- Capturing evidence of parental alienation or violations of custody orders
Federal Law and Maine Phone Call Recording
The Federal Wiretap Act
The federal Wiretap Act (18 U.S.C. 2511) follows one-party consent, aligning with Maine's approach. Recordings legal under Maine law satisfy federal requirements. Federal penalties for illegal wiretapping include up to 5 years in prison and fines up to $250,000.
The Stored Communications Act
The federal Stored Communications Act (18 U.S.C. 2701) prohibits unauthorized access to stored voicemail and saved audio files.
Recording Phone Calls Across State Lines
Neighboring States
| State | Consent Requirement | Key Consideration |
|---|---|---|
| New Hampshire | Two-party consent | Must inform and get consent from all parties |
| Massachusetts | Two-party consent | Must inform and get consent from all parties |
| Vermont | One-party consent | Same rules as Maine |
Because Maine borders two two-party consent states (New Hampshire and Massachusetts), cross-border calls are a significant concern.
Calls to Two-Party Consent States
When calling someone in a two-party consent state, the stricter law may apply. To protect yourself:
- Determine where the other party is located before recording
- If the other party is in a two-party consent state, inform them of the recording
- Get explicit verbal consent at the start of the call
- The safest approach is to always announce recording when crossing state lines
Exemptions Under Maine Law
Law Enforcement Exception
Law enforcement officers in Maine can record phone calls when acting under valid court orders issued pursuant to 15 M.R.S.A. section 713.
Service Provider Exception
Telephone and internet service providers are exempt when acting in the normal course of their duties, including network monitoring for maintenance and quality control.
Emergency Exception
Maine law provides an exception for recording when an emergency situation threatens life or safety, though this exception is narrowly interpreted.
Common Phone Call Recording Scenarios
Can I Record Customer Service Calls?
Yes. As a participant in the call, you have the right to record. When a business plays an automated message stating the call may be recorded, that is the business exercising its consent rights. You have equal rights to record as the other party.
Can I Record Calls With My Lawyer?
Yes. You can record phone calls with your attorney under one-party consent. Attorney-client privilege protects the contents regardless of whether the call is recorded.
Can I Record Calls With Government Agencies?
Yes. You can record phone calls with state and federal government agencies. There is no special exception for government calls.
Can My Employer Record My Work Phone Calls?
Employers in Maine can record business calls when at least one party consents or when there is a legitimate business purpose and employees have been notified. Some employers include recording disclosures in employee handbooks or employment agreements.
AI Recording and Transcription Tools
Legal Status in Maine
Because Maine follows one-party consent, you can use AI transcription services and recording apps for phone calls you participate in, including:
- AI meeting assistants like Otter.ai and Fireflies
- Smartphone call recording apps
- Built-in transcription features in Zoom and Teams
- Wearable AI voice recorders
Practical Considerations
- Review transcripts for accuracy. AI transcription is not perfect, and errors could be problematic if used as evidence.
- Data security matters. Understand where your recordings are stored and who has access.
- Consider notice. While not required, informing the other party about AI recording can maintain professional relationships.
More Maine Recording Laws
Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording
More Maine Recording Topics
More Maine Laws
Frequently Asked Questions
Is it legal to record a phone call in Maine without telling the other person?
Yes. Maine is a one-party consent state under 15 M.R.S.A. sections 710 and 709. As a participant in the call, your own knowledge of the recording is sufficient consent because section 709's definition of "intercept" excludes a party to the communication. You do not need to inform or get permission from the other person.
What are the penalties for illegally recording a phone call in Maine?
Illegal phone call interception is a Class C crime under 15 M.R.S.A. section 710, carrying up to 5 years in prison and a $5,000 fine. Victims can also pursue civil damages under section 711, including actual damages (or liquidated damages of $100 per day, whichever is greater) and attorney fees. Section 711 does not provide for punitive damages.
Can I record a phone call with someone in Massachusetts or New Hampshire from Maine?
Both Massachusetts and New Hampshire are two-party consent states. When calling someone in either state, the stricter law may apply. The safest approach is to inform the other party and get their consent before recording when they are in a two-party consent state.
Can I use a phone call recording as evidence in a Maine court?
Yes, if the recording was made legally under one-party consent. You must authenticate the recording by showing it is genuine, unaltered, and relevant. Illegally obtained recordings are generally inadmissible.
Can I use an app to automatically record all my phone calls in Maine?
Yes. Because Maine follows one-party consent, you can use call recording apps to capture calls you participate in. Your participation satisfies the consent requirement. Be aware that calls to two-party consent states may still require informing the other party.
Updates
Corrected the citation for Maine's one-party consent rule: it derives from 15 M.R.S.A. section 709's definition of "intercept" (which excludes a party to the communication), not from section 712, whose four exceptions cover only carriers, law enforcement, and jail officials. Also removed punitive damages and injunctive relief, which section 711 does not authorize, from every restatement of the civil remedies list.
Governing law re-checked for recent changes
Cross-spoke accuracy check: phone call recording under 15 M.R.S. section 712 (one-party) confirmed current. No stale FCC references found. Interstate-call dual-consent analysis (Maine + stricter neighboring state) confirmed accurate.
The Law Behind This Article
This article rests on 5 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 365 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Dashcam Laws: Legality, Mounting Rules, and Evidence Use
Maine Revised Statutes, Title 15: COURT PROCEDURE -- CRIMINAL, Part 2: PROCEEDINGS BEFORE TRIAL, Chapter 102: INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS
§ 710OffensesIn forcecited in 14 of our articles
1. Interception, oral communications prohibited. Any person, other than an employee of a communication common carrier, a law enforcement officer, an investigative officer, another employee of the Department of Corrections authorized to exercise law enforcement powers as described in Title 34‑A, section 3011 or a jail investigative officer or a jail employee acting at the direction of a jail investigative officer, carrying out practices otherwise permitted by this chapter, who intentionally or knowingly intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept any wire or oral communication is guilty of a Class C crime. 2. Editing of tape recordings in judicial proceedings prohibited. Any person who knowingly or intentionally edits, alters or tampers with any tape, transcription or other sound recording, or knows of such editing, altering or tampering, and presents that recording in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made and the original state of the recording, is guilty of a Class C crime. 3. Disclosure or use of wire or oral communications prohibited.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov
Also relied on in: Maine Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Maine Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026), Maine Landlord-Tenant Recording Laws: Cameras, Audio, and Privacy Rights (2026)
§ 711Civil remedyIn forcecited in 7 of our articles
Any party to a conversation intercepted, disclosed or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses or uses such communications and shall be entitled to recover from any such persons: [PL 1973, c. 561 (NEW).] 1. Damages. Actual damages, but not less than liquidated damages, computed at the rate of $100 per day for each day of violation; and 2. Attorney's fee. A reasonable attorney's fee and other litigation disbursements reasonably incurred.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov
Also relied on in: Maine Security Camera Laws: Home, Business, and HOA Rules (2026), Maine Smart Glasses Recording Laws: What You Need to Know, Maine Recording Laws (2026): One-Party Consent, § 710 and § 511
§ 712ExceptionsIn forcecited in 8 of our articles
1. Switchboard operators, communication common carrier agent. It is not a violation of this chapter for an operator of a switchboard or an officer, employee or agent of any communication common carrier, as defined in this chapter, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication, provided that the communication common carriers shall not utilize service for observing or random monitoring, except for mechanical or service quality control checks, nor shall any such officer, employee or agent use or disclose to another the contents as defined in this chapter of the communication so intercepted. 2. Investigative officers.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov
Also relied on in: Maine Laws on Recording Police: Your Rights and Limits (2026), Maine Workplace Recording Laws: Employee and Employer Rights (2026), Maine Ring Doorbell Laws: What You Need to Know in 2026
§ 713EvidenceIn force
The contents of an interception are not admissible in court, except that: [PL 2011, c. 507, §7 (RPR).] 1. Contents obtained under the laws of another jurisdiction. The contents of an interception of any oral communication or wire communication that has been legally obtained under the laws of another jurisdiction in which the interception occurred are admissible in the courts of this State, subject to the Maine Rules of Evidence; and 2. Contents obtained under this chapter. The contents of an interception of any oral communication or wire communication that has been legally obtained pursuant to section 712, subsection 2 or 3 are admissible in the courts of this State, subject to the Maine Rules of Evidence, if related to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative Record Information Act; the administration of juvenile justice; or the statutory functions of a state agency.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov
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Sources and References
- 15 M.R.S.A. section 710 - Interception of Communications (Maine Legislature)(legislature.maine.gov).gov
- 15 M.R.S.A. section 712 - Exceptions (Communication Carriers & Investigative Officers) (Maine Legislature)(legislature.maine.gov).gov
- 15 M.R.S.A. section 711 - Civil Remedies (Maine Legislature)(legislature.maine.gov).gov
- 18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)
- 15 M.R.S.A. section 713 - Court Orders for Interception (Maine Legislature)(legislature.maine.gov).gov
- 15 M.R.S.A. section 709 - Definitions (One-Party Consent) (Maine Legislature)(legislature.maine.gov).gov