Is it legal for someone to record a phone call without telling the other party?

What the Law Says

Federal law sets the baseline rule for recording phone calls in the United States. It does not require all parties to consent — only one.

The Electronic Communications Privacy Act (ECPA), specifically 18 U.S.C. § 2511, prohibits the 'interception' of wire, oral, or electronic communications without authorization. However, the law includes a key exception: it is not illegal if 'one of the parties to the communication has given prior consent to such interception.' This is known as the 'one-party consent' rule.

This means that under federal law, you may legally record a phone call if you are a participant in it — even if the other person doesn’t know or agree. But the law also makes it a crime to intentionally intercept a call without any consent, or to disclose or use illegally intercepted communications.

Violating § 2511 is a felony punishable by up to five years in prison, fines, and civil liability. Individuals whose calls are illegally recorded may sue for damages, including statutory damages of at least $100 per day of violation or $10,000 per violation — whichever is greater.

Statutory Text

It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception.

— 18 U.S.C. § 2511(2)(d) — Exception for consent

Statutory Text

Except as provided in paragraph (2), it is unlawful for any person to intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.

— 18 U.S.C. § 2511(1)(a) — General prohibition

What to Do

Sources