Can you record a phone call in Arkansas?
One person on the call can record it, and that can be you. Arkansas only bans recording a call when no participant has agreed beforehand.
- Phone calls
- Arkansas Code 5-60-120 makes it unlawful to intercept a wire, landline, phone or wireless communication and record it, unless you are a party to it or one party gave prior consent. A participant may record without telling anyone. The same rule covers in-person conversations. Federal law (18 U.S.C. 2511) is also one-party.
- Business calls
- Arkansas's recording law does not require a beep or announcement when you or your staff take part in the call. To record calls the business is not on, get one participant's agreement first. Possessing an illegally made recording can also be an offense, so do not keep one. Tell callers in all-party states such as California at the start.
- What counts as consent
- Your own consent as a participant is enough. Arkansas law needs no announcement or beep. Courts may also infer consent from conduct, for example when someone knows a talk is being taped and does not object.
- Penalties
- Unlawful interception, recording or possession is a Class A misdemeanor: up to 1 year in jail and a fine up to $2,500. The statute gives no civil claim, but federal law does.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- If the other person is in an all-party state such as California, that state's law can apply to your call (Kearney v. Salomon Smith Barney, California Supreme Court, 2006).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Arkansas Act 1773 of 2001 (House Bill 2594), amending Arkansas Code 5-60-120statute
- 18 U.S.C. 2511, federal Wiretap Act (US Code on govinfo.gov)statute
- Arkansas Code 5-60-120, Interception and recording (FindLaw)guide
- Reporters Committee for Freedom of the Press: Arkansas recording guideguide
- Wikipedia: Telephone call recording lawsguide
Other states
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Questions
Is Arkansas a one-party consent state?
Yes. One person on the call can record it, and that can be you. Arkansas only bans recording a call when no participant has agreed beforehand.
Can a business record calls in Arkansas?
Arkansas's recording law does not require a beep or announcement when you or your staff take part in the call. To record calls the business is not on, get one participant's agreement first. Possessing an illegally made recording can also be an offense, so do not keep one. Tell callers in all-party states such as California at the start.
What counts as consent in Arkansas?
Your own consent as a participant is enough. Arkansas law needs no announcement or beep. Courts may also infer consent from conduct, for example when someone knows a talk is being taped and does not object.
What happens if you record a call illegally in Arkansas?
Unlawful interception, recording or possession is a Class A misdemeanor: up to 1 year in jail and a fine up to $2,500. The statute gives no civil claim, but federal law does.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.