Can you record a phone call in Idaho?
One person on the call can record it, and that can be you. Idaho makes interception a felony only when no participant has given prior consent.
- Phone calls
- Idaho Code 18-6702 makes it a felony to intercept a wire, electronic or oral communication. Paragraph (2)(d) allows interception when one of the parties has given prior consent, and a participant's own consent counts. Intercepting any communication to commit a crime stays unlawful. Federal law (18 U.S.C. 2511) is also one-party.
- Business calls
- Idaho'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. Tell callers in all-party states such as California at the start.
- What counts as consent
- Your own consent as a participant is enough, and no announcement is required. If you are not on the call, consent must come before the recording. In-person talks where the speaker has no reasonable expectation of privacy are not protected.
- Penalties
- Unlawful interception is a felony: up to 5 years in prison, a fine up to $5,000, or both. Victims can sue for actual damages, at least $100 a day or $1,000, plus punitive damages and legal fees.
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.
- Idaho Legislature: Idaho Code 18-6702, Interception and disclosure of wire, electronic or oral communications prohibitedstatute
- Idaho Code 18-6702, Interception and disclosure of wire, electronic or oral communications (FindLaw)guide
- Idaho Code 18-6709, Recovery of civil damages (FindLaw)guide
- Reporters Committee for Freedom of the Press: Idaho recording guideguide
- Wikipedia: Telephone call recording lawsguide
Other states
More free tools
Questions
Is Idaho a one-party consent state?
Yes. One person on the call can record it, and that can be you. Idaho makes interception a felony only when no participant has given prior consent.
Can a business record calls in Idaho?
Idaho'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. Tell callers in all-party states such as California at the start.
What counts as consent in Idaho?
Your own consent as a participant is enough, and no announcement is required. If you are not on the call, consent must come before the recording. In-person talks where the speaker has no reasonable expectation of privacy are not protected.
What happens if you record a call illegally in Idaho?
Unlawful interception is a felony: up to 5 years in prison, a fine up to $5,000, or both. Victims can sue for actual damages, at least $100 a day or $1,000, plus punitive damages and legal fees.
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.
