Virginia
Virginia Phone Call Recording Laws: What You Need to Know
Virginia is a one-party consent state for phone call recording. Under Va. Code 19.2-62, you may record any phone call you participate in without notifying the other party. However, secretly recorded calls are generally not admissible in Virginia civil court under Va. Code 8.01-420.2.
Virginia's phone call recording laws are built on two key statutes that work in tension. Va. Code Ann. 19.2-62 establishes one-party consent, making it legal to record any phone call you participate in. But Va. Code Ann. 8.01-420.2 restricts the use of those recordings in civil court, creating a situation where a recording can be perfectly legal to make but inadmissible as evidence.
This guide covers every aspect of phone call recording in Virginia, including what calls you can record, the civil admissibility limitation, cross-state recording concerns, business call recording, VoIP and digital communications, and the penalties for illegal interception.
One-Party Consent for Phone Calls
The Basic Rule
Under Va. Code Ann. 19.2-62, it is not a criminal offense to intercept a wire communication when the person intercepting is a party to the communication or one of the parties has given prior consent. For phone calls, this means:
- You can record any phone call you are on
- You do not need to tell the other person
- You do not need a warrant or court order
- Your participation in the call is sufficient consent
This applies regardless of who initiated the call, the subject matter of the conversation, or the recording device used.
Types of Calls Covered
Virginia's one-party consent rule covers all forms of telephone communication:
| Call Type | Can You Record? | Notes |
|---|---|---|
| Landline to landline | Yes | Standard one-party consent applies |
| Cell phone calls | Yes | No additional restrictions |
| VoIP calls (Zoom, Teams, Skype) | Yes | Treated as wire communications |
| Video calls with audio | Yes | Audio portion follows phone recording rules |
| Conference calls | Yes | Your participation covers the entire call |
| Three-way calls | Yes | You must be a participant |
Recording Calls You Are Not Part Of
Recording a phone call between two other people without the consent of at least one participant is a Class 6 felony under Va. Code 19.2-62. This includes:
- Using a phone extension to secretly listen in and record
- Installing call-recording software on someone else's phone
- Using a wiretap device to intercept calls on a phone line
- Having a third party record a call without any participant's consent
The Civil Admissibility Limitation (Va. Code 8.01-420.2)
What the Statute Says
Va. Code Ann. 8.01-420.2 is the provision that sets Virginia apart from most other one-party consent states. It provides that no evidence obtained from the recording of any telephone conversation shall be admissible in any civil proceeding unless:
- All parties to the conversation knew it was being recorded, as demonstrated by a declaration at the beginning of the recorded conversation, or
- The recorded conversation contains evidence of admissions of criminal conduct that is the basis for the civil action, and at least one party to the conversation knew it was being recorded
The Divorce Exception to the Exception
The criminal conduct exception described above does not apply in civil cases involving divorce, separate maintenance, or annulment. This means that in Virginia divorce cases, a secretly recorded phone call is essentially never admissible in civil court, regardless of its content.
What This Means Practically
| Scenario | Recording Legal? | Admissible in Civil Court? |
|---|---|---|
| You record your own call, other party unaware | Yes | Generally NO |
| You record your call after announcing "this is recorded" | Yes | Yes (all parties aware) |
| You record a call that captures criminal admissions, non-divorce civil case | Yes | Yes (criminal conduct exception) |
| You record your call in a divorce matter, other party unaware | Yes | NO (divorce exception blocks it) |
| You record your call, used in criminal case | Yes | Yes (8.01-420.2 only applies to civil cases) |
How to Establish "Awareness"
The statute requires awareness to be demonstrated by a "declaration at the beginning of the recorded conversation" stating that the conversation is being recorded. This means:
- A simple verbal announcement at the start of the call satisfies the requirement
- An automated message ("This call may be recorded for quality purposes") can suffice
- The declaration must come at the beginning of the conversation
- Starting to record mid-call without an initial declaration may not satisfy the statute
What 8.01-420.2 Does NOT Restrict
This admissibility limitation applies only to:
- Telephone conversations (not in-person recordings)
- Civil proceedings (not criminal cases)
The following uses are not restricted:
- Phone recordings used in criminal prosecutions
- In-person recordings used in any type of case
- Phone recordings used for personal documentation (not court evidence)
- Phone recordings used in administrative proceedings (though individual agencies may have their own rules)
Cross-State Phone Call Recording
The Critical Maryland Border Issue
Virginia shares a long border with Maryland, and millions of phone calls cross between the two states daily. This creates a significant legal concern because Maryland is an all-party consent state under Md. Code, Cts. & Jud. Proc. § 10-402, requiring everyone on the call to consent to recording.
When you are in Virginia recording a call with someone in Maryland:
- Your recording is legal under Virginia law
- The recording may violate Maryland law
- Maryland courts can assert jurisdiction over you for violating their wiretapping statute
- The Maryland penalty for illegal recording is a felony with up to 5 years in prison
Best practice: When calling someone in Maryland, announce that you are recording or obtain their consent.
Other Neighboring States
| State | Consent Requirement | Risk Level |
|---|---|---|
| West Virginia | One-party | Low (same standard) |
| Kentucky | One-party | Low (same standard) |
| Tennessee | One-party | Low (same standard) |
| North Carolina | One-party | Low (same standard) |
| District of Columbia | One-party | Low (same standard) |
| Maryland | All-party | HIGH |
Which Law Applies?
Courts have not uniformly resolved which state's law applies when a phone call crosses state lines. Different courts have applied:
- The law of the state where the recording was made
- The law of the state where the recorded party is located
- The stricter of the two laws
- The law with the most significant relationship to the communication
The safest approach is to assume the stricter law applies when calling someone in an all-party consent state.
Business Phone Call Recording in Virginia
Employer Recording of Business Calls
Virginia businesses can record phone calls for:
- Quality assurance and training
- Compliance monitoring (financial services, healthcare)
- Customer dispute documentation
- Internal investigations
While Virginia's one-party consent law does not require businesses to notify callers, many businesses provide notice through:
- Automated announcements ("This call may be recorded...")
- Contract terms and conditions
- Employee handbook provisions
- Website privacy policies
Providing notice is a best practice that also satisfies the civil admissibility requirement under Va. Code 8.01-420.2.
Employee Recording of Business Calls
Employees can record their own business calls under one-party consent. This includes calls with customers, vendors, coworkers, and supervisors. However, employer policies may restrict recording, and violating those policies can result in termination even though the recording is legal.
Industry-Specific Requirements
Certain industries have additional phone recording requirements:
- Financial services: FINRA rules require broker-dealers to maintain records of certain communications
- Healthcare: HIPAA does not directly address phone recording, but recorded calls containing protected health information (PHI) must be stored and handled according to HIPAA security rules
- Legal services: Recording attorney-client calls raises ethical considerations, and illegal interception of such calls carries enhanced civil damages under Va. Code 19.2-69
VoIP and Digital Communication Recording
VoIP Calls
Voice over Internet Protocol (VoIP) calls, including Zoom, Microsoft Teams, Google Meet, Skype, and similar platforms, are treated as wire or electronic communications under Virginia law. The same one-party consent rule applies.
Many VoIP platforms have built-in recording features. When you use the platform's recording function in a meeting you are participating in, you are complying with Virginia's one-party consent requirement. Some platforms notify other participants when recording begins, which can also satisfy the all-party awareness requirement for civil admissibility.
Voicemail
Recording someone leaving you a voicemail does not raise wiretapping concerns because the caller is voluntarily transmitting a message to your phone system. You are not intercepting a communication between two other parties.
Call Recording Apps
Smartphone apps that record phone calls are legal to use in Virginia as long as you are a participant in the call. Popular call recording apps work by either recording directly on the device or by creating a conference call with a recording server. Both methods are legal under one-party consent.
Penalties for Illegal Phone Call Recording
Criminal Penalties
Illegally recording a phone call in Virginia is a Class 6 felony under Va. Code 19.2-62:
| Offense | Classification | Penalty |
|---|---|---|
| Illegal interception of phone call | Class 6 felony | 1 to 5 years prison, or up to 12 months jail and $2,500 fine |
| Disclosing contents of illegally intercepted call | Class 6 felony | Same as above |
| Using contents of illegally intercepted call | Class 6 felony | Same as above |
Civil Damages
Under Va. Code 19.2-69, victims can sue for:
- Actual damages
- $400 per day of violation ($4,000 minimum)
- Punitive damages
- Attorney fees and costs
Enhanced damages of $800 per day ($8,000 minimum) apply when the intercepted call involved privileged communications (attorney-client, spousal, medical, counselor, clergy).
Exclusionary Rule
Under Va. Code 19.2-65, illegally intercepted phone conversations and evidence derived from them are inadmissible in any proceeding.
Phone Recording in Family Law Cases
Custody Disputes
Phone recordings between co-parents are common in Virginia custody disputes. While making the recording is legal under one-party consent, using it in court is complicated by Va. Code 8.01-420.2. If the other parent was not aware of the recording, the phone call recording is generally inadmissible in the civil custody proceeding.
In-person recordings of co-parent conversations do not face this restriction and may be more strategically valuable as evidence.
Divorce Cases
The divorce exception in Va. Code 8.01-420.2 makes secretly recorded phone calls essentially inadmissible in Virginia divorce proceedings. Even if the recording captures admissions of criminal conduct, the criminal conduct exception does not apply in divorce, separate maintenance, or annulment cases.
This creates a strong incentive for Virginia divorce litigants to either:
- Record in-person conversations instead of phone calls
- Announce recording at the start of any phone conversation they want to preserve as evidence
- Rely on other forms of evidence
Protective Orders
Phone recordings documenting threats, harassment, or stalking may be relevant in protective order proceedings. While Va. Code 8.01-420.2 applies to civil proceedings, protective order hearings involve both civil and quasi-criminal elements. Courts may evaluate the admissibility of phone recordings in this context on a case-by-case basis.
More Virginia Recording Laws
Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording
Back to Virginia Recording Laws
More Virginia Recording Topics
More Virginia Laws
Frequently Asked Questions
Can I record a phone call in Virginia without the other person knowing?
Yes. Virginia is a one-party consent state under Va. Code 19.2-62. You can record any phone call you participate in without telling the other person. However, the recording may not be admissible in Virginia civil court unless all parties were aware of the recording (Va. Code 8.01-420.2).
Can a secretly recorded phone call be used in a Virginia divorce case?
Generally no. Va. Code 8.01-420.2 restricts the admissibility of recorded phone conversations in civil proceedings. The limited exception for criminal conduct admissions does not apply in divorce, separate maintenance, or annulment cases. In-person recordings face no such restriction.
Is it legal to record a call between Virginia and Maryland?
The recording is legal under Virginia law (one-party consent), but it may violate Maryland law (all-party consent). Courts generally apply the stricter standard when calls cross state lines. The safest approach is to inform the Maryland participant that you are recording.
Do businesses in Virginia have to tell callers they are recording?
Virginia law does not require businesses to notify callers about recording. However, providing notice is a best practice and ensures the recording satisfies the civil admissibility requirement under Va. Code 8.01-420.2. Most businesses use an automated announcement for this purpose.
Can I record a Zoom or Teams call in Virginia?
Yes. VoIP calls are treated as wire or electronic communications under Virginia law. The same one-party consent rule applies. If you are a participant in the call, you can record it. Many platforms notify other participants when recording begins, which also addresses the civil admissibility concern.
Updates
Independently fact-checked against current primary sources.
Governing law re-checked for recent changes
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
The Law Behind This Article
This article rests on 5 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 397 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · as of 2026-08-12 · Read the full section at uscode.house.gov
Cited in 2,045 court opinionsMost recently applied by a court: 2026
Leading cases: Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511) · United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297) · Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Dashcam Laws: Legality, Mounting Rules, and Evidence Use
Code of Virginia, Title 19.2: Criminal Procedure
§ 19.2-62Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptionsIn forcecited in 21 of our articles
A. Except as otherwise specifically provided in this chapter any person who: 1. Intentionally intercepts, endeavors to intercept or procures any other person to intercept or endeavor to intercept, any wire, electronic or oral communication; 2. Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical or other device to intercept any oral communication; 3. Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, electronic or oral communication knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or 4. Intentionally uses, or endeavors to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; shall be guilty of a Class 6 felony. B. 1.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Cited in 11 court opinionsMost recently applied by a court: 2025
Leading cases: Belmer v. Commonwealth (Court of Appeals of Virginia 2001, 36 Va. App. 448) · Wilks v. Commonwealth (Supreme Court of Virginia 1977, 217 Va. 885) · Bartnicki v. Vopper (Supreme Court of the United States 2001, 532 U.S. 514)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: District of Columbia Phone Call Recording Laws: Consent Rules and Interstate Calls, Virginia Audio Recording Laws: One-Party Consent Rules and Penalties, Virginia Dashcam Laws: Installation, Audio, and Evidence Rules
§ 19.2-65When intercepted communications and evidence derived therefrom not to be received in evidenceIn forcecited in 3 of our articles
Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, commission, regulatory body, legislative committee or other agency of this Commonwealth or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Cited in 2 court opinionsMost recently applied by a court: 2011
Leading cases: Wilks v. Commonwealth (Supreme Court of Virginia 1977, 217 Va. 885) · United States v. Clenney (Court of Appeals for the Fourth Circuit 2011, 631 F.3d 658)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Recording Laws (2026): One-Party Consent Rules
§ 19.2-69Civil action for unlawful interception, disclosure, or useIn forcecited in 9 of our articles
Any person whose wire, electronic, or oral communication is intercepted, disclosed, or used in violation of this chapter shall (i) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications and (ii) be entitled to recover from any such person: 1. Actual damages but not less than liquidated damages computed at the rate of $400 a day for each day of violation or $4,000, whichever is higher, provided that liquidated damages shall be computed at the rate of $800 a day for each day of violation or $8,000, whichever is higher, if the wire, electronic, or oral communication intercepted, disclosed, or used is between (i) persons married to each other; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice; 2. Punitive damages; and 3. A reasonable attorney fee and other litigation costs reasonably incurred.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Cited in 1 court opinionsMost recently applied by a court: 2026
Leading cases: Few (District Court, E.D. Virginia 2026)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Medical Recording Laws: Patient Rights and Healthcare Privacy, Virginia Voyeurism and Hidden Camera Laws: Penalties and Protections, Virginia Workplace Recording Laws: Employee Rights and Employer Rules
Code of Virginia, Title 8.01: Civil Remedies and Procedure
§ 8.01-420.2Limitation on use of recorded conversations as evidenceIn forcecited in 13 of our articles
No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62.
Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov
Cited in 2 court opinionsMost recently applied by a court: 1991
Leading cases: Leitman v. McAusland (Court of Appeals for the Fourth Circuit 1991, 934 F.2d 46)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Landlord-Tenant Recording Laws: Surveillance and Privacy Rights, Virginia Ring Doorbell Laws: What You Need to Know in 2026, Virginia Surveillance Camera Laws (2026 Guide)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Va. Code Ann. 19.2-62(law.lis.virginia.gov).gov
- Va. Code Ann. 8.01-420.2(law.lis.virginia.gov).gov
- Va. Code Ann. 19.2-69(law.lis.virginia.gov).gov
- Va. Code Ann. 19.2-65(law.lis.virginia.gov).gov
- FCC - Recording Telephone Conversations(fcc.gov).gov
- 18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)