Can you record a phone call in Nebraska?
One-party consent: you may record a call you take part in without telling the others. Nebraska law allows it unless the recording is made to commit a crime or a civil wrong.
- Phone calls
- Nebraska's law on intercepting communications (Neb. Rev. Stat. 86-290) makes intercepting a wire, electronic or oral communication a felony, but not when you are a party to it or one party has given prior consent. That exception is lost if the purpose is to commit a crime or a civil wrong (a tort). Federal law (18 U.S.C. 2511(2)(d)) sets the same one-party rule.
- Business calls
- Nebraska law requires no announcement, but announce on calls with people in all-party states. The Nebraska Data Privacy Act (in force since January 1, 2025) applies to businesses that process personal data and are not small businesses under the federal Small Business Act. It has no customer-count threshold. The Attorney General enforces it, with penalties up to $7,500 per violation.
- What counts as consent
- Your own consent as a participant is enough; Nebraska law asks for no beep or announcement. Consent does not protect a recording made to commit a crime or a civil wrong. In-person talk is protected only where the speaker reasonably expects privacy.
- Penalties
- A Class IV felony: up to 2 years in prison, a fine up to $10,000, or both. A person recorded unlawfully can sue for the largest of actual damages, $100 per day, or $10,000, plus 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
- Calling someone in an all-party state such as California? Their law may apply. California's Supreme Court applied its all-party rule to calls a broker recorded in Georgia (Kearney v. Salomon Smith Barney, 2006).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Nebraska Revised Statutes 86-290, Nebraska Legislaturestatute
- Nebraska Attorney General: Data Privacy Actregulator
- Reporters Committee for Freedom of the Press: Nebraska recording guideguide
- 18 U.S.C. 2511, federal Wiretap Act (Cornell LII)statute
- Kearney v. Salomon Smith Barney, California Supreme Court (2006)court
Other states
More free tools
Questions
Is Nebraska a one-party consent state?
Yes. One-party consent: you may record a call you take part in without telling the others. Nebraska law allows it unless the recording is made to commit a crime or a civil wrong.
Can a business record calls in Nebraska?
Nebraska law requires no announcement, but announce on calls with people in all-party states. The Nebraska Data Privacy Act (in force since January 1, 2025) applies to businesses that process personal data and are not small businesses under the federal Small Business Act. It has no customer-count threshold. The Attorney General enforces it, with penalties up to $7,500 per violation.
What counts as consent in Nebraska?
Your own consent as a participant is enough; Nebraska law asks for no beep or announcement. Consent does not protect a recording made to commit a crime or a civil wrong. In-person talk is protected only where the speaker reasonably expects privacy.
What happens if you record a call illegally in Nebraska?
A Class IV felony: up to 2 years in prison, a fine up to $10,000, or both. A person recorded unlawfully can sue for the largest of actual damages, $100 per day, or $10,000, plus 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.
