Can you record a phone call in Illinois?
Everyone on a private call must agree before you record it. Illinois makes secretly recording a private conversation a felony, so tell people at the start that you record.
- Phone calls
- The Illinois eavesdropping law (720 ILCS 5/14-2) bans using a device to secretly record a private conversation you take part in unless all other parties consent. Its definition of a private conversation (14-1) expressly includes talk carried by wire, so a phone call counts when at least one person reasonably expects privacy. The same rule covers face-to-face talks. Federal law is one-party, but this stricter rule governs.
- Business calls
- Announce recording at the start of every call, before the conversation begins. If a caller hears that the call may be recorded and stays on the line, that probably counts as implied consent. Illinois law may also apply when you call someone in Illinois from another state. Recordings made in breach of the law generally cannot be used as evidence in court.
- What counts as consent
- A clear yes from everyone is safest. Implied consent probably also counts: a person who is told the call is recorded and keeps talking. A recording that everyone knows about is also not "surreptitious", which the law defines as made by stealth, deception, secrecy or concealment.
- Penalties
- A first offense is a Class 4 felony (1-3 years in prison, fines up to $25,000). Repeat offenses, or recording a police officer or judge on duty, are Class 3. Victims can sue for actual and punitive damages.
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
- Illinois rewrote this law in December 2014. The Illinois Supreme Court had struck down the old version because it banned recording even conversations nobody expected to be private (People v. Clark, 2014).
- A 2015 law-firm guide read the separate rule on electronic communications as letting a party record calls. But the definition of a private conversation expressly covers talk transmitted by wire, so calls follow the all-party rule.
- The law covers only private conversations, where at least one person reasonably expects privacy. Treat client calls as private. Talk where nobody can reasonably expect privacy, such as in a busy public place, falls outside the law.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- 720 ILCS 5/14-1, Definitions (Illinois General Assembly)statute
- 720 ILCS 5/14-2, Elements of the offense (Illinois General Assembly)statute
- People v. Clark, 2014 IL 115776 (Illinois Supreme Court)court
- Littler: Illinois' newly amended eavesdropping statute poses challenges for employers (2015)guide
- National Law Review: Amended Illinois eavesdropping statute raises compliance concerns (2015)guide
Other states
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Questions
Is Illinois a one-party consent state?
No. Everyone on a private call must agree before you record it. Illinois makes secretly recording a private conversation a felony, so tell people at the start that you record.
Can a business record calls in Illinois?
Announce recording at the start of every call, before the conversation begins. If a caller hears that the call may be recorded and stays on the line, that probably counts as implied consent. Illinois law may also apply when you call someone in Illinois from another state. Recordings made in breach of the law generally cannot be used as evidence in court.
What counts as consent in Illinois?
A clear yes from everyone is safest. Implied consent probably also counts: a person who is told the call is recorded and keeps talking. A recording that everyone knows about is also not "surreptitious", which the law defines as made by stealth, deception, secrecy or concealment.
What happens if you record a call illegally in Illinois?
A first offense is a Class 4 felony (1-3 years in prison, fines up to $25,000). Repeat offenses, or recording a police officer or judge on duty, are Class 3. Victims can sue for actual and punitive damages.
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.
