Can you record a phone call in Indiana?
You may record a call you take part in without the other person's consent. Indiana's interception law only covers recordings by someone who is neither sender nor receiver, and federal law sets the same one-party rule.
- Phone calls
- Indiana's wiretap law defines interception as recording an electronic communication by someone other than a sender or receiver, without the consent of either (Indiana Code 35-31.5-2-176). So a participant, or someone a participant allows, may record a call. Federal law (18 U.S.C. 2511) is also one-party.
- Business calls
- No notice is needed when your own staff take part in the call. If the other person is in an all-party state such as Illinois or California, assume the stricter law applies and announce the recording. Indiana's Consumer Data Protection Act, in force since January 1, 2026, requires covered businesses to give a clear privacy notice, limit data to the stated purpose and honor access and deletion requests.
- What counts as consent
- Indiana law needs no notice from a participant. For calls with people in stricter states, say at the start that you record. A person who is warned and keeps talking is generally treated as consenting, and a recorded yes is the best proof.
- Penalties
- Unlawful interception is a Level 5 felony (1-6 years in prison and up to $10,000). Victims can sue for the greatest of actual damages, $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
- Indiana's interception law does not address in-person conversations (Whitt v. Town of New Carlisle, 2021). The federal one-party rule still applies to them.
- The Consumer Data Protection Act applies only to businesses that handle enough Indiana residents' data to meet its thresholds. The Indiana Attorney General enforces it and takes consumer complaints.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- 18 U.S.C. 2511, federal Wiretap Act (U.S. Code on GovInfo)statute
- Indiana Attorney General: Consumer Data Protection Act, Data Consumer Bill of Rightsregulator
- Indiana Code 35-31.5-2-176, "Interception" (FindLaw)guide
- RCFP Reporter's Recording Guide: Indianaguide
- RCFP: Introduction to the Reporter's Recording Guideguide
Other states
More free tools
Questions
Is Indiana a one-party consent state?
Yes. You may record a call you take part in without the other person's consent. Indiana's interception law only covers recordings by someone who is neither sender nor receiver, and federal law sets the same one-party rule.
Can a business record calls in Indiana?
No notice is needed when your own staff take part in the call. If the other person is in an all-party state such as Illinois or California, assume the stricter law applies and announce the recording. Indiana's Consumer Data Protection Act, in force since January 1, 2026, requires covered businesses to give a clear privacy notice, limit data to the stated purpose and honor access and deletion requests.
What counts as consent in Indiana?
Indiana law needs no notice from a participant. For calls with people in stricter states, say at the start that you record. A person who is warned and keeps talking is generally treated as consenting, and a recorded yes is the best proof.
What happens if you record a call illegally in Indiana?
Unlawful interception is a Level 5 felony (1-6 years in prison and up to $10,000). Victims can sue for the greatest of actual damages, $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.
