Can you record a phone call in Minnesota?
You may record a call you take part in without the other person's consent. Minnesota's wiretap law allows recording by a party or with one party's prior consent, unless the purpose is a crime or another wrongful act.
- Phone calls
- Minnesota's wiretap law (Minn. Stat. 626A.02) bans intercepting wire, oral and electronic communications, but allows it when the person is a party or one party gave prior consent, unless the purpose is a crime or another wrongful act. The same rule covers in-person talks. 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. Announce the recording when you call people in all-party states. Minnesota's consumer data privacy law (Minn. Stat. 325M.10 to 325M.21), in force since July 31, 2025, covers businesses that handle data of 100,000 consumers a year, or 25,000 if over 25% of revenue comes from selling personal data.
- What counts as consent
- Your own consent as a participant is enough in Minnesota. 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.
- Penalties
- Unlawful interception: up to 5 years in prison, a fine up to $20,000, or both. Victims can sue for the greater of triple actual damages plus the violator's profits, or $100 a day or $10,000, plus 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
- The section was last amended in 2023, in its penalty subdivision; the one-party rule did not change.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Minn. Stat. 626A.02, Interception of communications (Minnesota Revisor of Statutes)statute
- Minn. Stat. 626A.13, Civil action (Minnesota Revisor of Statutes)statute
- Minn. Stat. 325M.12, Consumer data privacy: scope (Minnesota Revisor of Statutes)statute
- RCFP Reporter's Recording Guide: Minnesotaguide
- RCFP: Introduction to the Reporter's Recording Guideguide
Other states
More free tools
Questions
Is Minnesota a one-party consent state?
Yes. You may record a call you take part in without the other person's consent. Minnesota's wiretap law allows recording by a party or with one party's prior consent, unless the purpose is a crime or another wrongful act.
Can a business record calls in Minnesota?
No notice is needed when your own staff take part in the call. Announce the recording when you call people in all-party states. Minnesota's consumer data privacy law (Minn. Stat. 325M.10 to 325M.21), in force since July 31, 2025, covers businesses that handle data of 100,000 consumers a year, or 25,000 if over 25% of revenue comes from selling personal data.
What counts as consent in Minnesota?
Your own consent as a participant is enough in Minnesota. 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.
What happens if you record a call illegally in Minnesota?
Unlawful interception: up to 5 years in prison, a fine up to $20,000, or both. Victims can sue for the greater of triple actual damages plus the violator's profits, or $100 a day or $10,000, plus 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.
