Can you record a phone call in Missouri?
You may record a call you take part in without the other person's consent. Missouri's wiretap law lets a party, or someone with one party's prior consent, intercept a phone call, unless the aim is a crime or another wrongful act.
- Phone calls
- Missouri's wiretap law (Mo. Rev. Stat. 542.402) makes knowingly intercepting a wire communication a class E felony, 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. Calls between a cell phone and a landline count as wire communications (Lee v. Lee, 1998). Federal law is also one-party.
- Business calls
- No notice is needed on calls your own staff take part in. Announce the recording when you call people in all-party states, since the stricter law may apply. For private in-person meetings, asking everyone first is the cautious choice, since few court cases cover them.
- What counts as consent
- Your own consent as a participant is enough for phone calls in Missouri. For calls with people in stricter states, and for private meetings, say at the start that you record; a person who is warned and keeps talking is generally treated as consenting.
- Penalties
- Unlawful interception is a class E felony: up to 4 years and a fine up to $10,000. Victims can sue for the greater of actual damages, $100 a day or $10,000, plus fees and, for willful violations, 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
- Missouri courts have not decided whether calls between two cell phones, or text messages, are wire communications. Either way, federal law lets a party record.
- In person, Missouri bans only devices that transmit the conversation by radio, with no exception for a participant. An ordinary recorder falls outside that ban, but a press-law guide advises asking everyone before recording a private meeting.
- The current text, in force since January 1, 2017, sets the penalty as a class E felony.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Mo. Rev. Stat. 542.402, Wiretapping prohibited (Missouri Revisor of Statutes)statute
- Mo. Rev. Stat. 542.400, Definitions (Missouri Revisor of Statutes)statute
- Mo. Rev. Stat. 542.418, Civil action (Missouri Revisor of Statutes)statute
- RCFP Reporter's Recording Guide: Missouriguide
- RCFP: Introduction to the Reporter's Recording Guideguide
Other states
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Questions
Is Missouri a one-party consent state?
Yes. You may record a call you take part in without the other person's consent. Missouri's wiretap law lets a party, or someone with one party's prior consent, intercept a phone call, unless the aim is a crime or another wrongful act.
Can a business record calls in Missouri?
No notice is needed on calls your own staff take part in. Announce the recording when you call people in all-party states, since the stricter law may apply. For private in-person meetings, asking everyone first is the cautious choice, since few court cases cover them.
What counts as consent in Missouri?
Your own consent as a participant is enough for phone calls in Missouri. For calls with people in stricter states, and for private meetings, 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 Missouri?
Unlawful interception is a class E felony: up to 4 years and a fine up to $10,000. Victims can sue for the greater of actual damages, $100 a day or $10,000, plus fees and, for willful violations, 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.
