Most of the United States follows one-party consent: if you are in the conversation, you can record it. Federal law under 18 U.S.C. §2511 takes this approach, as do the majority of states.
Eleven states do not. And at a national trade show, you have no reliable way of knowing which state the person in front of you is from — or which state's law a court would apply.
Not legal advice. US recording law is state-specific and genuinely complicated. Have US counsel review your process before exhibiting.
The all-party consent states
Generally treated as requiring the consent of every party to the conversation:
| State | Key statute |
|---|---|
| California | Penal Code §632 |
| Delaware | 11 Del. C. §2402 |
| Florida | Fla. Stat. §934.03 |
| Illinois | 720 ILCS 5/14-2 |
| Maryland | Md. Code, Cts. & Jud. Proc. §10-402 |
| Massachusetts | Mass. Gen. Laws ch. 272 §99 |
| Montana | Mont. Code §45-8-213 |
| Nevada | Nev. Rev. Stat. §200.620 |
| New Hampshire | N.H. Rev. Stat. §570-A:2 |
| Pennsylvania | 18 Pa. C.S. §5703 |
| Washington | Wash. Rev. Code §9.73.030 |
Connecticut and Oregon have mixed regimes — Oregon, for example, distinguishes between in-person conversations and electronic communications, applying different rules to each.
Note also that Nevada hosts CES and a very large share of the US trade show calendar, and Nevada is an all-party state. Illinois hosts major shows in Chicago. California and Florida host enormous event volumes. The all-party states are disproportionately represented in US exhibiting.
Why "the show floor is public" does not save you
The most common misconception. Most all-party statutes protect confidential communications, and confidentiality is defined by the parties' reasonable expectation, not by the venue.
California Penal Code §632 defines a confidential communication as one where a party has an objectively reasonable expectation that it is not being overheard or recorded. A discovery conversation in which a prospect discusses their budget, their vendor frustrations and their internal timeline looks confidential in character — even standing in a crowded hall.
Courts have repeatedly declined to treat "in public" as automatically defeating confidentiality where the conversation was directed to one person.
Which state's law applies is genuinely unclear
This is the part that catches exhibitors out.
The state where the recording physically occurs clearly has an interest. But several all-party states have asserted their laws to protect their own residents:
- California courts have applied §632 to protect California residents in communications crossing state lines
- Florida has taken a similarly protective posture under §934.03
At a national trade show in, say, Las Vegas, you may be recording a California resident, an Illinois resident and a Texas resident within the same hour. The conflict-of-laws analysis is not something you want to be conducting at a booth.
The only sane operating rule
Meet the all-party standard for everyone, everywhere in the US.
This is not legal over-caution — it is operational simplicity. One process, applied uniformly, that satisfies the strictest state you might encounter. The alternative is asking each prospect where they live before deciding whether to ask permission, which is both absurd and worse for the relationship.
What that looks like in practice
"I'm recording our conversation so my notes are accurate — is that okay with you?"
Then:
- Wait for an explicit yes — silence is not consent in an all-party state
- Keep the recording indicator visible
- Log the consent, with a timestamp. In a state with a private right of action, this is your evidence
- Stop immediately if anyone objects, including someone who joins mid-conversation
That last point matters more in the US than elsewhere. If a second person walks up to your booth and joins the conversation, they are now a party, and in an all-party state their consent is required too. Ask again.
The civil exposure is the real risk
Criminal prosecution of a trade show exhibitor is unlikely. Civil litigation is not.
California Penal Code §637.2 creates a private right of action allowing recovery of $5,000 per violation or three times actual damages, whichever is greater — with no requirement to prove actual harm. Illinois and Washington have comparable civil routes.
"Per violation" is the phrase to focus on. A booth team recording 200 conversations over three days without valid consent is not facing one claim. That is the structural difference from GDPR, where exposure is a single administrative fine.
Minimisation still helps
US recording law has no direct equivalent of GDPR's minimisation principle, but the practical logic holds: data you do not retain cannot be produced in discovery, breached, or subpoenaed.
If the purpose is capturing an accurate lead, extract name, company, requirement and next step, then delete the audio. This is how Confee is built. It also shortens the answer if you are ever asked what you kept.
Note too that California (CCPA/CPRA), Virginia, Colorado, Connecticut, Texas and a growing list of states now have comprehensive privacy statutes layered on top of the recording laws. The recording question and the personal-data question are separate in the US too.
US booth checklist
Before the show
- Consent script written and rehearsed
- Privacy notice available via QR code
- US counsel has reviewed the process
- Retention period defined
Per conversation
- Ask before starting — every time
- Wait for an explicit yes
- Ask again if a new person joins
- Recording indicator visible
- Log the consent with timestamp
After the show
- Delete raw audio once fields extracted
- Retain consent logs longer than the audio
The short version
Eleven states require all-party consent, they host a disproportionate share of the US trade show calendar, and you cannot tell from looking at someone which state they are from.
Ask everyone, every time, and log it. One uniform process, no conflict-of-laws analysis at the booth, and no $5,000-per-violation exposure.
Related reading:
- Is Recording Sales Conversations Legal? — the cross-jurisdiction overview
- Recording Consent at German Trade Shows — Europe's strictest equivalent
- How to Record In-Person Sales Meetings — the practical mechanics
FAQ
Which US states require two-party consent to record?
Eleven are generally treated as all-party: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Connecticut and Oregon have mixed rules. Federal law under 18 U.S.C. §2511 is one-party.
Which state's law applies at a trade show?
Potentially more than one. The state where recording happens clearly applies, but California and Florida in particular have applied their laws to protect their own residents across state lines. Meet the strictest standard for everyone.
Does a public trade show floor remove the expectation of privacy?
Not reliably. Most all-party statutes protect confidential communications, defined by reasonable expectation rather than venue. A one-to-one discovery conversation can be confidential even in a crowded hall.
What are the penalties for illegal recording in the US?
They vary and can be severe. California Penal Code §632 allows fines up to $2,500 and a year's imprisonment, plus a private right of action under §637.2 for $5,000 per violation or treble damages. Illinois, Florida and Washington carry comparable exposure.