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Missouri Phone Call Recording Laws: Consent Rules for Landline, Cell, and VoIP

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202612 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 5 primary sources cited on this page. How we verify our legal content

Missouri Phone Call Recording Laws: Consent Rules for Landline, Cell, and VoIP

Missouri is a one-party consent state, so you can legally record any phone call you participate in without notifying the other person. Mo. Rev. Stat. 542.402 permits landline, cell phone, and VoIP recordings as long as the recording does not serve a criminal or tortious purpose.

Missouri law makes it straightforward to record phone calls. Under Mo. Rev. Stat. Section 542.402, you can record any phone call you participate in without notifying the other person. This one-party consent rule applies to landline calls, cell phone calls, VoIP conversations, and video calls that include audio. The only restriction is that your recording must not be for a criminal or tortious purpose.

This guide covers every aspect of phone call recording in Missouri, including the legal framework, interstate complications, business call recording rules, and penalties for violations.

How the Law Works

Missouri's wiretapping statute classifies phone calls as "wire communications" under Mo. Rev. Stat. Section 542.400. The statute defines a wire communication as any communication made in whole or in part through facilities that transmit communications by wire, cable, or a similar connection. Text messages fall outside the offense because "intercept" means the aural acquisition of a communication's contents.

Missouri lets you record a phone call you are on without telling anyone, but calls with someone in an all-party state like Illinois call for everyone's consent.
You can record your own calls in Missouri. On a call with someone in an all-party state, get everyone's consent first.

Section 542.402 prohibits the interception of wire communications but includes an exception: a person who is a party to the communication, or who has received prior consent from one of the parties, may intercept the communication. The exception requires that the recording not be made for the purpose of committing any criminal or tortious act.

In practical terms, this means:

  • You can record your own calls without telling anyone
  • Someone else can record your call if they have your permission (or the permission of the other party)
  • You cannot record a call between two other people without consent from at least one of them

Types of Calls Covered

Missouri's wire communication definition covers all modern communication technologies:

Call TypeCovered?Notes
Landline to landlineYesTraditional wire communication
Cell phone to cell phoneYesTransmitted through cellular infrastructure
Landline to cell phoneYesMixed wire/cellular communication
VoIP (Zoom, Teams, Google Meet)YesInternet-based audio transmission
Video calls with audioYesAudio component triggers wiretapping law
Text messagesNo"Intercept" means aural acquisition, so written messages are not intercepted
VoicemailLimitedSaving/replaying voicemails left for you is generally permitted

The Criminal or Tortious Purpose Exception

Your right to record phone calls is limited by the requirement that the recording not serve a criminal or tortious purpose. Recording a call to:

  • Preserve an accurate record of a conversation is legal
  • Document verbal agreements or promises is legal
  • Gather evidence for a legitimate legal proceeding is legal
  • Blackmail, extort, or harass someone is illegal
  • Facilitate the commission of a crime is illegal
  • Defame or injure someone's reputation through misrepresentation is illegal

If a court determines that you recorded a call with criminal or tortious intent, the one-party consent exception does not protect you.

Recording Calls Across State Lines

desk phone with its handset off the hook lying beside the base

The Interstate Complication

Phone call recording becomes more complex when the parties are in different states. Missouri follows one-party consent, but if the person you are calling is in a state that requires all-party consent, the stricter law may apply.

If you are in Missouri calling someone in any of the following states, you should consider obtaining all-party consent:

StateConsent RequirementKey Statute
CaliforniaAll-partyPenal Code 632
ConnecticutAll-party for calls (civil liability under Gen. Stat. 52-570d; the criminal wiretap law itself is one-party)Gen. Stat. 52-570d
DelawareAll-party under the privacy statute, with a caveat: the wiretap act allows one-party consent and no controlling decision resolves the conflict11 Del. C. 1335(a)(4); compare 11 Del. C. 2402(c)(4)
FloridaAll-partyFla. Stat. 934.03
IllinoisAll-party720 ILCS 5/14-2
MarylandAll-partyMd. Code, Cts. & Jud. Proc. 10-402
MassachusettsAll-partyMass. Gen. Laws ch. 272, 99
MontanaAll-partyMont. Code Ann. 45-8-213
NevadaAll-party for phone calls (in-person conversations are one-party)NRS 200.620 (Lane v. Allstate Ins. Co., 1998)
New HampshireAll-partyRSA 570-A:2
PennsylvaniaAll-party18 Pa.C.S. 5703
WashingtonAll-partyRCW 9.73.030

Two entries carry caveats. The Nevada Supreme Court reads NRS 200.620 to require every party's consent to record a phone call (Lane v. Allstate Ins. Co., 114 Nev. 1176 (1998), reaffirmed in Ditech Financial v. Buckles (2017)), although in-person conversations are one-party under NRS 200.650. Delaware has two conflicting statutes: its wiretap act (11 Del. C. 2402(c)(4)) allows one-party consent, but its privacy statute (11 Del. C. 1335(a)(4)) requires all parties' consent, and no controlling decision resolves the conflict, so get everyone's consent on Delaware calls. Oregon is sometimes listed as an all-party state, but its all-participant rule (ORS 165.540(1)(c)) requires that everyone be specifically informed that an in-person conversation or a video conferencing call is being recorded; it does not reach ordinary telephone calls, which stay one-party under ORS 165.540(1)(a), so Oregon does not belong on this phone-call list (it is an all-party state only for in-person conversations and video calls).

Illinois is particularly important because it borders Missouri. Many Missouri residents make calls to Illinois for personal and business purposes. Illinois requires all-party consent for recording private conversations, making it essential to obtain consent before recording calls with Illinois residents.

Which State's Law Governs?

Courts have not established a universal rule for determining which state's law applies to interstate calls. Different approaches include:

  • Location of the recording: Some courts apply the law of the state where the recording takes place
  • Location of the recorded party: Some courts apply the law of the state where the person being recorded is located
  • Stricter law applies: Many legal authorities recommend following the stricter standard to avoid liability in either state

The safest approach for interstate calls is to obtain consent from all parties when any party is in a two-party consent state.

Business Call Recording in Missouri

Missouri two office chairs angled toward each other with a small voice recorder on the side table between them

Employer Rights

Missouri businesses can record phone calls involving their employees and customers. The one-party consent rule means that if an employee participating in the call is aware of the recording, the business has satisfied the legal requirement.

Best Practices for Business Compliance

While Missouri law only requires one-party consent, businesses should implement clear recording practices:

  1. Pre-call announcement: Play an automated message such as "This call may be recorded for quality assurance and training purposes" before the conversation begins
  2. Verbal disclosure: Train employees to verbally inform callers that the call is being recorded
  3. Written consent: Include recording disclosures in customer agreements, terms of service, or privacy policies
  4. Employee notification: Inform employees through handbooks and training that their work calls may be recorded

Why Businesses Should Disclose Even When Not Required

Several practical reasons support disclosure even in a one-party consent state:

  • Interstate compliance: If you do business with customers in two-party consent states, disclosure protects you from liability in those jurisdictions
  • Customer trust: Transparency about recording builds trust and reduces complaints
  • Regulatory compliance: Certain industries (banking, healthcare, insurance) have federal regulations that may require recording disclosure
  • Legal defensibility: A clear, consistent disclosure practice strengthens your legal position if a recording is challenged

Industry-Specific Call Recording Rules

Certain industries face additional federal regulations for call recording:

  • Financial services: The Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) require broker-dealers to record certain communications
  • Healthcare: HIPAA does not prohibit recording calls, but recorded calls that contain protected health information (PHI) must be stored and handled in compliance with HIPAA security requirements
  • Telecommunications: The FCC regulates some aspects of telephone recording for common carriers under 47 U.S.C. Section 605

Criminal Penalties for Illegal Phone Call Recording

Missouri two people seated across a small table mid-conversation, seen from behind one shoulder

Class E Felony

Illegally intercepting phone calls in Missouri is a Class E felony under Mo. Rev. Stat. Section 542.402. The penalties include:

PenaltyAmount
Maximum imprisonmentUp to 4 years (Mo. Rev. Stat. Section 558.011)
Maximum fineUp to $10,000 (Mo. Rev. Stat. Section 558.002)
Enhanced fineUp to double the gain if money or property was obtained through the offense

What Conduct Triggers Criminal Liability

Three types of actions can lead to criminal charges:

  1. Intercepting: Recording a phone call without being a party and without consent from any party
  2. Disclosing: Sharing the contents of a phone call you know was illegally recorded
  3. Using: Utilizing the contents of an illegally recorded phone call for any purpose

Each illegal recording can constitute a separate felony count.

Civil Remedies for Illegal Phone Recording

Mo. Rev. Stat. Section 542.418

Victims of illegal phone call recording can file civil lawsuits under Mo. Rev. Stat. Section 542.418 and recover:

Damage TypeAmount
Liquidated damages$100 per day for each day of violation
Minimum damages$10,000 (whichever is greater)
Punitive damagesAvailable for willful or intentional violations
Attorney feesRecoverable by prevailing plaintiff
Litigation costsRecoverable by prevailing plaintiff

The $10,000 minimum means victims can recover significant damages even without proving specific financial harm.

Using Recorded Phone Calls as Evidence

Admissibility in Missouri Courts

Legally recorded phone calls are generally admissible in Missouri courts. To admit a recording, the offering party must establish:

  • Authentication: Testimony identifying the voices on the recording and confirming it accurately represents the conversation
  • Relevance: The recording relates to a fact at issue in the case
  • Completeness: If a portion of a recording is offered, the opposing party may require the rest to be admitted for context

Hearsay Considerations

Statements captured on phone recordings may be subject to hearsay rules. However, several common exceptions apply:

  • Admissions by a party-opponent: A statement by the opposing party is generally admissible
  • Excited utterances: Statements made under the stress of a startling event
  • Present sense impressions: Statements describing an event as it happens
  • Business records: Recordings made in the regular course of business

Illegally Obtained Recordings

Under Mo. Rev. Stat. Section 542.420, an illegally intercepted phone call, and evidence derived from it, cannot be received in any trial, hearing, or other proceeding, civil or criminal. A call you lawfully recorded as a participant is not excluded: the Missouri Court of Appeals held in Phillips v. American Motorist Insurance Co. (1999) that section 542.418.1 limits only evidence from authorized wiretaps.

Phone Recording Technology and Missouri Law

Call Recording Apps

Smartphone apps that record phone calls (such as TapeACall, Rev, or Google's built-in recorder) are legal to use in Missouri as long as you are a party to the call. These apps function as electronic recording devices under the statute, and Missouri law does not distinguish between the technology used to make the recording.

Automated Recording Systems

Businesses that use automated systems to record all incoming or outgoing calls comply with Missouri law as long as at least one party to each recorded call consents. The employee participating in the call typically provides this consent. However, automated systems that record calls between two external parties (such as calls transferred between customers) require consent from at least one of those parties.

Recording Conference Calls

Conference calls follow the same one-party consent rule. If you are a participant in a conference call, you can record it without notifying the other participants. When conference call participants are in multiple states, apply the stricter consent standard of any two-party consent state represented on the call.

Federal Phone Recording Laws

18 U.S.C. Section 2511: Federal Wiretap Act

The federal Wiretap Act under 18 U.S.C. Section 2511 follows one-party consent, matching Missouri's approach. Recording a phone call you participate in is legal under both state and federal law.

Federal penalties for illegal wiretapping include up to 5 years in prison and fines. Federal law also provides a civil remedy under 18 U.S.C. Section 2520, under which a court may award the greater of actual damages or statutory damages of $100 a day or $10,000, plus reasonable attorney fees. Unlike Missouri's floor, the federal statutory award is discretionary.

FCC Regulations

The FCC once required telephone companies and other common carriers to give notice, typically an audible tone, before recording customer calls, under 47 C.F.R. Section 64.501. That rule was removed effective November 20, 2017, and no longer appears in the current Code of Federal Regulations. Carrier call recording in Missouri is now governed by Missouri's own wiretapping statute (section 542.402) and the section 542.418 civil action, the same framework that applies to private individuals. The FCC does not otherwise regulate recording by private individuals.

Special Phone Recording Situations

Recording Calls with Government Agencies

You can record phone calls with government agencies, including the IRS, Social Security Administration, Missouri Department of Revenue, and other state and federal offices. As a participant in the call, you have one-party consent. Government agencies often record their end of the call as well and may provide an automated announcement.

Recording Calls with Attorneys

You can record phone calls with your own attorney, though doing so may raise trust issues in the attorney-client relationship. Recording calls between opposing counsel and other parties requires the same one-party consent analysis. Attorney-client privilege protects the contents of communications between an attorney and client, but recording a privileged conversation does not waive the privilege if the recording is not shared with third parties.

During pending litigation, recording phone calls with the opposing party is legal under Missouri's one-party consent law. However, you should inform your attorney that you are recording, as the recordings may become discoverable evidence. Courts can order production of recordings during discovery, so record only if you are comfortable with the recordings being reviewed by all parties.

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Frequently Asked Questions

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

Yes. Missouri is a one-party consent state under Mo. Rev. Stat. Section 542.402. You can record any phone call you participate in without informing the other person. This applies to landline, cell phone, and VoIP calls.

Is it legal to record a call with someone in Illinois from Missouri?

Illinois requires all-party consent for recording private conversations. When you call someone in Illinois from Missouri, the stricter Illinois law may apply. To avoid legal risk, obtain consent from the Illinois resident before recording.

Can a business record my phone call in Missouri?

Yes. Missouri businesses can record phone calls when at least one party to the call consents. Typically, the employee participating in the call provides consent. Many businesses also play an automated announcement to inform callers about recording, which is a best practice but not strictly required under Missouri law.

What happens if someone illegally records my phone call in Missouri?

Illegal phone call recording is a Class E felony under Mo. Rev. Stat. Section 542.402, carrying up to 4 years in prison and a $10,000 fine. You can also file a civil lawsuit under Section 542.418 for minimum damages of $10,000, plus punitive damages and attorney fees.

Can I use a phone recording as evidence in court in Missouri?

Yes, if the recording was made legally under Missouri one-party consent law. You must authenticate the recording by identifying the speakers and confirming it accurately represents the conversation. Illegally obtained recordings are generally inadmissible in civil and criminal proceedings.

Updates

Clarified in the key takeaways that courts have not settled which state's law governs a cross-state call.

We added Nevada (all-party for phone calls) and Delaware (conflicting statutes) to the all-party consent table, clarified that federal statutory damages under 18 U.S.C. 2520 are discretionary, re-pinned the exclusion of illegally intercepted calls to section 542.420, and corrected the statutory definition of a wire communication.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Clarified that Oregon's all-participant rule requires everyone to be informed that an in-person conversation or video call is being recorded, while ordinary phone calls remain one-party.

Corrected an outdated claim that the FCC still requires carrier notice before recording calls (that federal rule was repealed in 2017), corrected the federal civil-damages formula to include its $100-per-day option, and fixed the interstate-call caution list: added Nevada and Delaware, clarified Connecticut's criminal/civil split, and corrected a claim that Oregon requires all-party consent for phone calls, which it does not.

Independently fact-checked against the cited primary sources

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Mo. Rev. Stat. Section 542.402 - Wiretapping(revisor.mo.gov).gov
  2. Mo. Rev. Stat. Section 542.400 - Definitions(revisor.mo.gov).gov
  3. Mo. Rev. Stat. Section 542.418 - Civil Remedies(revisor.mo.gov).gov
  4. Mo. Rev. Stat. Section 558.011 - Imprisonment Terms(revisor.mo.gov).gov
  5. 18 U.S.C. Section 2511 - Federal Wiretap Act(law.cornell.edu)
  6. 47 U.S.C. Section 605 - FCC Communications(law.cornell.edu)
  7. Oregon Revised Statutes Chapter 165 (ORS 165.535, 165.540), Oregon State Legislature(oregonlegislature.gov).gov
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