Is Delaware a one-party or two-party consent state?
Delaware's statutes point in different directions. Its wiretap law lets a party to a call record it, but a separate privacy law makes it a misdemeanor to intercept a phone message without the consent of all parties, with listed exceptions.
General information, not legal advice. Check the statute and talk to a lawyer about your situation.
Statute checked October 15, 2026
The law
- Rule
- A state where the consent rule depends on the situation
- Notes
- Delaware's two statutes point in different directions. The wiretap chapter allows a person to intercept a communication they are a party to, or one where a party gave prior consent, unless it is done to commit a crime or tort (11 Del. C. 2402(c)(4)). The privacy offense in 11 Del. C. 1335(a)(4) makes it a misdemeanor to intercept a message by telephone or a private conversation without the consent of all parties, subject to listed exceptions. This page does not resolve how the two interact.
For businesses using an AI receptionist
AI receptionists usually record and transcribe calls. Announcing at the start of the call that it's recorded, and that the caller is speaking with an AI assistant, is the common way businesses handle callers from states with stricter rules.
Compare AI receptionists and check which ones announce recording and AI use.