Utah
Utah AI Meeting Recording Laws (2026)
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. · 2 primary sources cited on this page. How we verify our legal content
Utah is a one-party consent state under Utah Code § 77-23a-4, so a participant's activation of an AI meeting recorder generally satisfies the consent rule, unless the recording is made for a criminal or tortious purpose. No notification to other parties is required. If any participant joins from a stricter all-party consent state, that state's law may also apply.
Utah's recording laws follow the one-party consent model that the majority of U.S. states use. Under Utah Code § 77-23a-4, anyone who is a party to a wire, oral, or electronic communication may record it without the knowledge or consent of the other participants. That straightforward framework applies directly to AI-powered meeting recording tools used by Utah professionals along the Wasatch Front and across the state's growing tech sector.
Utah's position as home to Silicon Slopes, one of the fastest-growing tech corridors in the country, makes AI meeting recording tools particularly prevalent in the state's workplaces. Companies from Provo to Salt Lake City to Lehi rely on tools like Otter.ai, Fireflies.ai, and Zoom AI Companion for meeting documentation.
Utah's One-Party Consent Framework
The Core Statute: § 77-23a-4
Utah Code § 77-23a-4, part of the Interception of Communications Act (Chapter 23a), makes it an offense when a person "intentionally or knowingly intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic, or oral communication" (Subsection (1)(b)(i)). The statute covers telephone calls, in-person conversations, and electronic communications.
The critical exception is found in § 77-23a-4(7)(b). It is lawful for a person to intercept a wire, electronic, or oral communication "if that person is a party to the communication or one of the parties to the communication has given prior consent to the interception." This is Utah's one-party consent rule.
Like federal law and some other one-party consent states, Utah includes a criminal or tortious purpose limitation. The consent exception applies only when the person recording is not doing so "for the purpose of committing any criminal or tortious act in violation of state or federal laws."
Interaction with Federal Law
Federal wiretapping law under 18 U.S.C. § 2511 follows a similar one-party consent standard, with its own criminal-or-tortious-purpose limit (18 U.S.C. § 2511(2)(d)). A recording that is lawful under Utah Code § 77-23a-4 will usually also be lawful under federal law, but the two limits are worded differently and are applied separately. If a Utah participant records a call with someone in California, Florida, or Illinois, the stricter all-party consent law of the other state may apply; courts have not settled which state's law governs.
How Utah Law Applies to AI Meeting Recorders
The Consent Analysis
When a Utah-based participant activates an AI meeting recorder, that participant provides the one-party consent required under § 77-23a-4(7)(b). The participant is a party to the communication and has consented to the interception. Utah's statute does not require the consenting party to personally operate the recording equipment; it requires only that a party has given prior consent.
So a participant's activation of an AI tool generally satisfies the consent element. That consent does not protect an interception made "for the purpose of committing any criminal or tortious act," and it is the vendor that captures and keeps the audio. In In re Otter.AI Privacy Litigation (N.D. Cal. 2026), a federal court let a claim against an AI notetaker proceed under the federal Wiretap Act's similar limit, on the theory that the vendor used meeting audio without consent to train its own models. No court has decided whether a notetaker vendor is simply the host's agent or an independent interceptor.
Auto-Join Features and Consent Gaps
The most legally problematic scenario under Utah law involves AI tools that auto-join meetings from calendar data without explicit per-meeting authorization. If an AI notetaker scrapes a user's calendar and joins meetings autonomously, the question becomes whether the user's general account authorization constitutes "prior consent" for each individual recording.
Utah's statute requires consent from "a party to the communication." A conservative reading suggests that consent should be specific and informed. Blanket authorization through account settings may not satisfy the statute if the user is unaware that a particular meeting is being recorded.
The Otter.ai class action filed in August 2025 (now In re Otter.AI Privacy Litigation, N.D. Cal., No. 5:25-cv-06911, formerly Brewer v. Otter.ai) alleges that Otter's auto-join features recorded conversations without consent from any participant. In August 2026 the court let the core federal Wiretap Act, California privacy and Illinois biometric claims proceed past a motion to dismiss. On the federal claim, the court held at the pleading stage that using meeting audio without consent to train Otter's own AI models could be a tortious purpose that defeats the one-party consent exception, even if Otter counted as a party. The case is now in discovery, and no court has decided whether Otter actually broke the law.
In Ambriz v. Google (N.D. Cal., Feb. 10, 2025), a federal judge refused to dismiss California wiretapping claims over Google's contact-center AI. On whether a software vendor is a "third party" eavesdropper under California Penal Code 631, the court noted that trial courts are split between requiring actual use of the recordings and asking only whether the vendor is capable of using them, and it applied the broader capability approach first used in Javier v. Assurance IQ (N.D. Cal. 2023). The ruling bound no other court, and in October 2026 the same judge dismissed the remaining plaintiffs' claims on consent and intent grounds (with leave to amend) and sent others to arbitration.
Popular AI Meeting Tools and Utah Compliance
| Tool | How It Records | Utah Compliance Notes |
|---|---|---|
| Otter.ai | Bot joins meeting as participant | Participant activation generally provides consent, subject to the criminal-or-tortious-purpose limit; the vendor's own use of audio and auto-join create risk |
| Fireflies.ai | Bot joins meeting; calendar integration | Same consent framework and criminal-or-tortious-purpose limit; auto-join requires participant awareness |
| Zoom AI Companion | Built into Zoom platform | Host activation generally provides consent, subject to the criminal-or-tortious-purpose limit; notification banner displayed |
| Microsoft Copilot | Integrated into Teams | Activated by participant; Teams recording indicator shows |
| Google Gemini in Meet | Native to Google Meet | Participant activation generally satisfies consent, subject to the same limit; meeting notification shown |
| Fathom | AI notetaker used by the meeting host; check the vendor's documentation for how it captures audio | Host activation generally provides one-party consent, subject to the criminal-or-tortious-purpose limit |
Penalties for Violations
Criminal Penalties
Unlawful interception of communications under § 77-23a-4 is classified as a third-degree felony under Utah law.
| Offense | Classification | Prison | Fine |
|---|---|---|---|
| Unlawful interception | Third-degree felony | Up to 5 years | Up to $5,000 |
| First offense, cellphone radio, no tortious/commercial purpose | Class B misdemeanor | Up to 6 months | Up to $1,000 |
| Unlawful disclosure of intercepted communication | Third-degree felony | Up to 5 years | Up to $5,000 |
Civil Remedies
Under Utah's Interception of Communications Act, anyone whose wire, oral, or electronic communication has been unlawfully intercepted may bring a civil action. Utah Code § 77-23a-11(3)(b) allows the court to assess as damages whichever is the greater of two alternatives: the sum of the plaintiff's actual damages plus any profits the violator made from the violation, or statutory damages of $100 a day for each day of violation or $10,000, whichever is greater. Those two measures are alternatives, not a stacked award. The award is discretionary (the statute says the court "may" assess it), and a suit must be filed within two years after the claimant first has a reasonable opportunity to discover the violation (§ 77-23a-11(5)). Separately, § 77-23a-11(2) makes punitive damages available in appropriate cases, along with a reasonable attorney fee, reasonably incurred litigation costs, and preliminary or other equitable or declaratory relief.
The inclusion of "profits made by the violator" is particularly relevant to AI tool providers that may monetize recorded data.
Employer and Workplace Considerations
Recording Policies for Utah Employers
Utah employers may use AI meeting recording tools under the one-party consent framework when a meeting participant activates the tool. No notification to other participants is required under § 77-23a-4. A comprehensive workplace policy should specify which AI tools are approved for use, identify who may authorize recording, address data retention and access controls, and account for cross-state requirements when remote workers in all-party consent states join meetings.
Utah Consumer Privacy Act (UCPA)
Utah's Consumer Privacy Act, effective December 31, 2023, provides limited consumer data privacy rights. The UCPA gives Utah consumers the right to access, delete, correct inaccuracies in, and obtain a portable copy of their personal data, and to opt out of its sale (the right to correct inaccuracies was added by a 2025 amendment effective July 1, 2026). The UCPA can apply to AI meeting tools only in limited cases. It covers businesses with at least $25 million in annual revenue that process the personal data of at least 100,000 Utah consumers (or 25,000 if they derive over half their revenue from selling data), and it protects people acting in a personal or household capacity, not employees or people acting in a business context. Most workplace meetings therefore fall outside it. The law does not create a private right of action; enforcement is exclusively through the Utah Attorney General.
HIPAA Considerations
Healthcare organizations across Utah, including major systems like Intermountain Health and University of Utah Health, must comply with HIPAA when AI meeting tools capture protected health information (PHI). This requires a Business Associate Agreement with the tool provider that limits how the vendor may use the PHI. Encrypting data in transit and at rest is an addressable safeguard under the HIPAA Security Rule and is the standard practice, and the agreement should rule out using recorded PHI to train the vendor's AI models.
This article provides general legal information about Utah recording laws as they apply to AI meeting tools. Laws and their interpretations can change. Consult an attorney for advice specific to your situation.
More Utah Laws
Frequently Asked Questions
Can I legally use AI meeting recorders like Otter.ai in Utah?
Yes. Utah is a one-party consent state under Utah Code § 77-23a-4. If you are a participant in the meeting and you activate the AI recording tool, you generally satisfy the consent requirement, unless the recording is made for a criminal or tortious purpose. You are not required to notify other participants under Utah law. However, if participants are in all-party consent states like California or Washington, you may need their consent under those states' laws.
What are the penalties for illegally recording someone in Utah?
Unlawful interception of communications is a third-degree felony under Utah law, carrying up to 5 years in prison and fines up to $5,000. In a civil suit, a court may award the greater of actual damages plus profits or statutory damages of $100 per day of violation or $10,000, along with punitive damages and attorney fees.
Does Utah have any AI-specific recording laws?
Utah has no law aimed specifically at AI meeting recorders. Its Artificial Intelligence Policy Act (2024) requires certain disclosures when people interact with generative AI, mainly in regulated occupations, but it does not regulate recording. The Utah Consumer Privacy Act (UCPA) can reach how large businesses handle consumers' personal data, but it excludes people acting in an employment or commercial context and does not regulate recording itself. Utah's wiretapping statute (§ 77-23a-4) applies to AI recordings the same way it applies to traditional recording methods.
Can my employer record workplace meetings with AI tools in Utah?
If a meeting participant (such as a manager or host) activates the AI tool with knowledge that recording is occurring, the one-party consent requirement is generally satisfied under Utah law, unless the recording is made for a criminal or tortious purpose. Employers are not required to notify employees about the recording, but establishing a written recording policy is recommended as a best practice, particularly for Silicon Slopes tech companies with distributed workforces.
What happens if someone from a two-party consent state is on my recorded call?
When a Utah participant records a call that includes someone from an all-party consent state (such as California, Washington, or Montana), the stricter state's law may apply. Courts have not settled which state's law governs cross-state recordings. The safest approach is to obtain consent from all participants when anyone on the call is in a state that requires it.
Updates
Added the criminal-or-tortious-purpose limit to the Otter.ai and Fireflies.ai table rows and said courts have not settled which state's law governs cross-state recordings.
Clarified that federal law's one-party rule carries its own criminal-or-tortious-purpose limit and that courts have not settled which state's law governs cross-state calls, added that limit where host activation was described as providing consent, and replaced an unsourced description of how Fathom records.
We corrected this page to explain that Utah's one-party consent rule does not protect a recording made for a criminal or tortious purpose, the limit at issue for AI vendors that reuse meeting audio; we also updated the Otter.ai case to its August 2026 ruling, corrected the Ambriz v. Google description, noted that civil damages are discretionary with a two-year filing limit, narrowed the Utah Consumer Privacy Act discussion to its revenue threshold and employment exclusion, corrected which privacy right the 2025 amendment added, noted Utah's 2024 Artificial Intelligence Policy Act, and corrected the HIPAA encryption point.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the quotation of Utah Code Section 77-23a-4(1)(b)(i) to match the enacted text and clarified that the civil damages under Section 77-23a-11(3)(b) are the greater of actual damages plus profits or the statutory amount, not both.
Added the UCPA correction and data-portability rights that took effect July 1, 2026.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected a fabricated quotation of Utah's consent-defense limitation under Utah Code Section 77-23a-4(7)(b): the article quoted the statute as barring recording done "for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any state"; that phrasing is actually from the federal Wiretap Act, 18 U.S.C. Section 2511(2)(d). Utah's own statute (verified against le.utah.gov) states the exception does not apply if the communication "is intercepted for the purpose of committing any criminal or tortious act in violation of state or federal laws," a narrower formulation. Also corrected a minor misquotation of the consent-exception clause itself ("where" to "if") to match the statute verbatim. Verified the third-degree felony classification (up to 5 years, up to $5,000), the first-offense cellphone-radio Class B misdemeanor tier (up to 6 months, up to $1,000, Utah Code Section 77-23a-4(10)(b)(ii)), and the civil remedy figures (greater of actual damages plus profits, or $100/day or $10,000, Utah Code Section 77-23a-11(3)(b)) against the current statute; all were already accurate and are unchanged.
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Utah Code, Title 77: Criminal Procedure
§ 77-23a-4Offenses -- Criminal and civil -- Lawful interception.In forcecited in 19 of our articles
(1) (a) Except as otherwise specifically provided in this chapter, any person who violates Subsection (1)(b) is guilty of an offense and is subject to punishment under Subsection (10), or when applicable, the person is subject to civil action under Subsection (11). (b) A person commits a violation of this subsection who: (i) intentionally or knowingly intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic, or oral communication; (ii) intentionally or knowingly 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 the device is affixed to, or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication or when the device transmits communications by radio, or interferes with the transmission of the communication; (iii) intentionally or knowingly 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,…
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at le.utah.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Wood (2023) held a jail's recording of inmate calls fell within the consent exception in section 77-23a-4(7)(a) because the inmate impliedly consented by using phones he was told were monitored. The Quarasan Group, Inc. v. Nozani, LLC (2020) dismissed an eavesdropping claim once Utah law governed and did not bar the recording.
Opinions citing this section in our collection:
- State v. Wood (Utah Supreme Court 2023, 532 P.3d 997)✓A jail recorded an inmate's calls to his wife after warning him by handbook, placard and a message before each call; the Utah Supreme Court held he impliedly consented, so the interception fell within section 77-23a-4(7)(a) and suppression was denied.
- State v. Draughon (Court of Appeals of Utah 2026, 2026 UT App 52)“…rties to the call—consented to the call being recorded. See Utah Code §§ 77-23a-4(7)(b), -7. He claims Counsel should hav…”
- United States v. Maynard (Court of Appeals for the D.C. Circuit 2010, 615 F.3d 544)“…ined by the police acting pursuant to a warrant. See, e.g., Utah Code Ann. §§ 77-23a-4, 77-23a-7, 77-23a-15.5; Minn Stat §§ 62…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Smart Glasses Recording Laws (2026), Utah Recording Laws (2026): One-Party Consent Rules, Utah Audio Recording Laws
§ 77-23a-11Civil remedy for unlawful interception -- Action for relief.In forcecited in 8 of our articles
(1) Except under Subsections 77-23a-4(3), (4), and (5), a person whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover relief as appropriate from the person or entity that engaged in the violation. (2) In an action under this section appropriate relief includes: (a) preliminary and other equitable or declaratory relief as is appropriate; (b) damages under Subsection (3) and punitive damages in appropriate cases; and (c) a reasonable attorney's fee and reasonably incurred litigation costs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Also relied on in: Utah Phone Call Recording Laws, Utah Workplace Recording Laws, Utah Ring Doorbell Laws: What You Need to Know in 2026
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 441 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) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can an Employer Record Conversations Without Consent? (2026), Can I Record My Boss Harassing Me? State-by-State Legal Guide (2026), Can I Sue Someone for Recording Me on Private or Public Property?
Sources and References
- Utah Code § 77-23a-4 - Interception of Communications(le.utah.gov).gov
- Utah Code Chapter 23a - Full Text(le.utah.gov).gov
- 18 U.S.C. § 2511 - Federal Wiretap Act(law.cornell.edu)
- Utah Recording Guide - Reporters Committee for Freedom of the Press(rcfp.org)
- In re Otter.AI Privacy Litigation, No. 5:25-cv-06911 (N.D. Cal.) (formerly Brewer v. Otter.ai), docket(courtlistener.com)
- Ambriz v. Google - AI Wiretapping Claims(courthousenews.com)
- Cruz v. Fireflies.AI - BIPA Lawsuit(natlawreview.com)
- Utah Code § 77-23a-11 - Civil remedy for unlawful interception(le.utah.gov)