Oregon Phone Call Recording Laws: Split Consent Rules and Penalties

Oregon follows one-party consent for telephone calls under ORS 165.540(1)(a), meaning any participant may record a phone call without notifying the other party. This rule covers landline, cell, and VoIP voice calls. Oregon applies a stricter rule, under which every participant must be specifically informed, to in-person conversations and to calls held through a video conferencing program, but not to ordinary telephone calls.

Oregon allows you to record your own phone calls without telling the other person. Under ORS 165.540(1)(a), the state follows a one-party consent framework for telecommunications and radio communications, which include ordinary phone calls. As long as you are a participant in the call, your own consent satisfies the legal requirement.

This rule applies specifically to telephone and radio communications. Oregon treats in-person conversations, and calls held through a video conferencing program, under a different standard, requiring all participants to be specifically informed before recording. Understanding this split consent framework is essential to staying on the right side of the law.

How Oregon's Split Consent Framework Applies to Phone Calls

One-Party Consent for Telephone Calls

ORS 165.540(1)(a) prohibits obtaining or attempting to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, unless consent has been given by one participant. The key phrase is "not a participant." If you are a participant in the call, the statute does not restrict you at all.

This means you can:

• Record any phone call you are part of without notifying the other party
• Use any recording device or app to capture the call
• Record voice calls on landlines, cell phones, and VoIP platforms (video conferencing calls follow the stricter notice rule described below)
• Record both personal and business calls you participate in

Why Phone Calls and In-Person Conversations Have Different Rules

Oregon's legislature crafted ORS 165.540 with a deliberate distinction between telecommunications and conversations. Telephone calls and radio communications fall under subsection (1)(a), which uses the one-party consent standard. Conversations, which ORS 165.535 defines to include in-person oral communications and communications through a video conferencing program, fall under subsection (1)(c), which requires that all participants be "specifically informed" of any recording.

The Ninth Circuit's January 2025 en banc decision in Project Veritas v. Schmidt upheld the in-person notification requirement in subsection (1)(c), which by its terms does not cover telecommunications, as content-neutral and narrowly tailored to Oregon's interest in ensuring that its residents know when their conversations are recorded. The majority did not rest its ruling on any comparison with Oregon's rule for phone calls. Only the dissent compared the two, arguing that people have, if anything, a stronger privacy interest in a private phone call and that the different treatment showed the in-person rule was not narrowly tailored.

For phone calls specifically, the one-party consent standard means you do not need to worry about the stricter in-person rules.

Types of Phone Calls Covered Under Oregon Law

Personal Cell Phone and Landline Calls

You can record any personal phone call you participate in, whether placed from a cell phone, landline, or internet-connected device. The statute covers all "telecommunications," which includes traditional telephone networks and modern cellular connections.

VoIP and Video Calls

Voice-only calls placed through Voice over Internet Protocol services generally fall under the telecommunication provisions of ORS 165.540(1)(a), and the one-party consent rule applies to them. Video calls are different: ORS 165.535 excludes any communication through a video conferencing program, defined as software or an app that lets two or more people communicate via simultaneous video transmission, from the definitions of telecommunication and radio communication, so a video call on FaceTime, Skype or a similar app is treated as a conversation even with only one other person.

An ordinary video conferencing call through a platform like Zoom, Microsoft Teams, or Google Meet, however, is treated as a conversation under ORS 165.540(1)(c) by default, so recording it secretly risks a Class A misdemeanor. A platform's built-in recording notice helps only if every participant knew or reasonably should have known about it: ORS 165.540(6)(a) exempts a private video meeting in that situation. A narrow exception under ORS 165.540(6)(b) allows recording a video conferencing call without notifying every participant only when the person recording intends to capture alleged unlawful activity and is a law enforcement officer or acting in coordination with one, is acting in coordination with an attorney or a regulatory entity, or reasonably believes the recording may be used as evidence in a judicial or administrative proceeding.

Conference Calls

When multiple people are on a telephone conference call, the one-party consent rule still applies. Your participation in the call gives you legal authority to record the entire conversation. You do not need consent from each participant on the line.

Text-Based Communications

While ORS 165.540 is most often applied to audio recording, ORS 165.535 defines telecommunication and radio communication to include the transmission of writing, signs and signals as well as sounds. The statute does not spell out how that applies to text messages, emails, and other written electronic communications. However, intercepting someone else's electronic messages without authorization can violate federal law under 18 U.S.C. 2511.

Recording Phone Calls Across State Lines

The Interstate Recording Problem

Each U.S. state sets its own recording consent rules. When you place a call from Oregon to someone in another state, a conflict of laws question arises. There is no single rule, but the stricter state's law may apply: In Kearney v. Salomon Smith Barney (2006), California's Supreme Court applied California law to calls into California only going forward, and applied Georgia law to damages for past calls. The safe course is to follow the stricter state's rule.

Oregon's one-party consent for phone calls is the majority rule in the United States. However, several states require all parties to consent before a phone call can be recorded.

States With Stricter Phone Recording Laws

If you call someone in any of the following states, you should inform them before recording:

Washington is particularly relevant for Oregon residents because of geographic proximity. Washington requires consent from all parties to record any private conversation, whether by phone or in person. If you call a Washington number from Oregon, you should follow Washington's stricter standard. Our recording consent checker can show Oregon's rule and Washington's rule together so you know what each one requires.

Best Practice for Interstate Calls

A clear statement at the beginning of the call, such as "I am recording this call for my records," is the best practice. Whether staying on the line after hearing it counts as consent varies: Washington treats a recorded announcement as consent by statute (RCW 9.73.030(3)), while California's Supreme Court left the question open for cell phone calls in Smith v. LoanMe (2021). The safest course is to ask for and get an express yes.

Federal Wiretapping Law

Federal law under 18 U.S.C. 2511 follows the same one-party consent standard as Oregon for phone calls. Recordings made in compliance with Oregon's one-party consent rule also satisfy federal requirements.

One previously relevant federal rule -- 47 CFR section 64.501, which required telephone companies to provide beep tones or verbal announcements before recording calls -- was removed by the FCC effective November 20, 2017. That rule no longer applies, and the FCC has not replaced it with a new interstate call-recording disclosure rule. FCC Order 24-24 (2024) addresses a different subject, consumers revoking consent to robocalls and robotexts under the TCPA, and does not govern call-recording notice. Private call recording by individuals is governed by state law under the one-party consent framework.

Business Phone Call Recording in Oregon

Employer Rights

Oregon businesses can record phone calls for legitimate business purposes under the one-party consent framework. Common reasons include:

• Quality assurance and customer service training
• Compliance documentation for regulated industries
• Maintaining records of verbal agreements
• Monitoring employee performance on customer calls

If the business or its employee is a party to the call, the one-party consent requirement is satisfied. Employers do not need to notify callers under Oregon phone recording law, though many choose to do so as a best practice.

Employee Rights

Employees in Oregon can record their own work-related phone calls under the one-party consent rule. This includes calls with supervisors, HR representatives, clients, and coworkers. Because these are telephone calls, the stricter notification rule for in-person and video conferencing conversations does not apply.

However, employer policies may restrict or prohibit call recording. Violating an internal company policy can result in disciplinary action or termination, even though the recording itself is legal under state law. The National Labor Relations Act offers some protection when employees record calls related to protected concerted activity, such as documenting workplace safety violations or wage disputes.

Best Practices for Business Recording

• Play an automated disclosure at the start of customer service calls
• Train employees on the difference between phone recording (one-party consent) and in-person or video conferencing recording (every participant must be informed)
• Establish written recording policies and distribute them to all staff
• Store recordings securely and comply with data retention requirements
• When calling customers in other states, default to informing the other party

Using Recorded Phone Calls as Evidence in Oregon

Admissibility Rules

Phone call recordings made in compliance with Oregon's one-party consent law are generally admissible as evidence in Oregon courts. To introduce a recording, you need to establish:

• Authentication: The recording is genuine and has not been altered
• Identification: A witness can identify the voices on the recording
• Relevance: The recording relates to the issues in the case
• Chain of custody: The recording has been properly preserved since it was made

Inadmissible Recordings

Under ORS 41.910, recordings obtained in violation of ORS 165.540 are generally inadmissible in Oregon courts, except to prove the unlawful recording itself. If you record a phone call without being a participant and without consent from any party, that recording cannot be used as evidence even if it contains relevant information.

Common Uses in Court

Legally recorded phone calls are frequently used as evidence in:

• Family law cases: Custody disputes, divorce proceedings, and harassment claims
• Contract disputes: Proving the terms of verbal agreements
• Employment cases: Documenting discrimination, retaliation, or hostile work environment claims
• Personal injury cases: Recording statements from insurance adjusters or opposing parties
• Criminal cases: Providing evidence of threats, fraud, or other criminal conduct

Tips for Preserving Recording Evidence

• Keep the original recording file unedited
• Record the date, time, duration, and participants immediately after each call
• Store the original in a secure location with at least one backup copy
• Do not share the recording before presenting it in court
• Consult with an attorney about proper evidence introduction procedures

Penalties for Illegal Phone Call Recording in Oregon

Criminal Penalties

Violating ORS 165.540(1)(a) by recording a phone call you are not a party to without consent is a Class A misdemeanor in Oregon. Under ORS 161.615 and ORS 161.635:

Civil Liability

Oregon's recording statute does not give the person recorded a statutory damages claim. The civil action in ORS 133.739, with its minimum of $100 a day or $1,000, punitive damages and attorney fees, applies only to violations of ORS 133.724 and 133.737, the court-ordered law enforcement interception provisions.

A person whose call was recorded in violation of ORS 165.540 would instead sue for common-law invasion of privacy, a remedy ORS 133.739(3) expressly preserves.

The Felony Exception Does Not Apply to Phone Calls

Oregon's narrow felony exception under ORS 165.540(5)(a) permits recording an in-person conversation without notification during a felony that endangers human life. This exception was designed for in-person situations and does not expand your rights regarding phone call recording. The one-party consent rule for phone calls already permits recording calls you participate in, so the felony exception is rarely relevant in the phone call context.

AI Transcription and Call Recording Tools

AI-powered transcription services like Otter.ai, Fireflies.ai, and platform-native transcription in Zoom and Microsoft Teams have become standard tools for capturing phone conversations. In Oregon, using these tools on an ordinary phone call follows the same one-party consent rules as any other phone recording method.

If you are a party to a phone call, you can activate AI recording and transcription without notifying the other participants. Some AI tools join calls as a separate "bot" participant, which may alert others that recording is active. Review your tool's settings to understand how it appears to other call participants.

For video conferencing platforms specifically, Oregon's ORS 165.540(6)(b) exemption is narrow: it excuses skipping notification only when the person recording intends to capture alleged unlawful activity and is a law enforcement officer or acting in coordination with one, is acting in coordination with an attorney or a regulatory entity, or reasonably believes the recording may be used as evidence in a judicial or administrative proceeding. For an ordinary AI-assisted video call, that means you still need to notify every participant before turning on the platform's built-in recording feature.

Oregon Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

Back to Oregon Recording Laws

More Oregon Recording Topics

• Oregon Biometric Privacy Laws
• Surveillance Camera Laws

More Oregon Laws

• Oregon AI Meeting Recording Laws
• Oregon Dashcam Laws
• Oregon Data Privacy Laws
• Oregon Deepfake Laws
• Oregon Employee Monitoring Laws
• Oregon GPS Tracking Laws
• Oregon Police Bodycam Laws
• Oregon Smart Glasses Recording Laws

Frequently Asked Questions

Can I record a phone call in Oregon without telling the other person?

Yes. Oregon follows one-party consent for telephone calls under ORS 165.540(1)(a). As long as you are a participant in the call, you can record it without informing the other person. This rule applies to landline calls, cell phone calls, and VoIP voice calls. Calls through a video conferencing program are treated as conversations, so every participant must be specifically informed.

Does Oregon's all-party notification rule apply to phone calls?

No. Oregon uses a split consent framework. The all-party notification requirement under ORS 165.540(1)(c) applies to conversations, which Oregon law defines to include in-person oral conversations and communications through a video conferencing program. Ordinary telephone calls follow the one-party consent standard under ORS 165.540(1)(a).

Can I record a phone call from Oregon to Washington state?

You should inform the Washington participant before recording. Washington requires consent from all parties under RCW 9.73.030, and Washington's law may apply to a call with someone there, so follow the stricter rule. A simple statement that you are recording provides protection.

Can my employer record my work phone calls in Oregon?

Yes. Under Oregon's one-party consent rule for telephone calls, your employer can record business calls as long as at least one party consents. The employer or the employee on the call satisfies this requirement. Internal company policies may also govern when and how recordings are made.

What is the penalty for illegally recording a phone call in Oregon?

Illegally recording a phone call in Oregon is a Class A misdemeanor carrying up to 364 days in jail and a fine of up to $6,250. There is no statutory damages claim for the person recorded: ORS 133.739 applies only to law enforcement interception violations under ORS 133.724 and 133.737, so a private suit proceeds as a common-law invasion of privacy claim.