Can you record a phone call in Oregon?
One-party consent for phone calls: you may record a call you take part in. In-person and video-call conversations are different: everyone must be told beforehand that they are being recorded.
- Phone calls
- Oregon's law on obtaining the contents of communications (ORS 165.540(1)(a)) bans recording a telecommunication you are not part of unless at least one participant consents, so you may record your own phone calls. Since 2022, video calls count as conversations instead: all participants must be specifically informed, unless everyone knew or should have known it was being recorded.
- In person
- ORS 165.540(1)(c) bans recording a conversation unless all participants are specifically informed that it is being recorded. This is notice, not consent: nobody has to agree. Exceptions cover open recording at public events and classes, meetings where everyone knew or should have known, and open recording of on-duty police.
- Business calls
- Phone calls need no announcement under Oregon law, but announce on video calls, in meetings and on calls with all-party states. The Oregon Consumer Privacy Act (since July 1, 2024) covers businesses handling personal data of 100,000 consumers, or 25,000 if over 25% of revenue comes from selling data. The Attorney General enforces it; the cure period ended January 1, 2026.
- What counts as consent
- Phone calls: your own consent is enough. In person and on video, warn clearly before recording, for example: this conversation is being recorded. An unequivocal warning is required (State v. Bichsel, 1990), but nobody has to understand or agree (State v. Haase, 1995).
- Penalties
- A Class A misdemeanor: up to 364 days in jail and a fine up to $6,250. Recordings made unlawfully cannot be used as evidence in Oregon courts (ORS 41.910).
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 in-person notice rule survived a free-speech challenge: the full Ninth Circuit upheld it in Project Veritas v. Schmidt (January 2025), and the US Supreme Court declined review in October 2025.
- 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).
- Oregon's recording law itself gives no right to sue. The damages section some guides cite (ORS 133.739) applies only to violations of the police interception rules, though it keeps other privacy lawsuits open.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Oregon Revised Statutes chapter 165 (ORS 165.535 and 165.540), Oregon Legislaturestatute
- ORS 165.540, Obtaining contents of communications (oregon.public.law)guide
- Project Veritas v. Schmidt, Ninth Circuit en banc opinion (January 7, 2025)court
- US Supreme Court docket 24-1061, Project Veritas v. Vasquez (petition denied October 6, 2025)court
- Oregon Department of Justice: Privacy law FAQs for businessesregulator
Other states
More free tools
Questions
Is Oregon a one-party consent state?
Yes. One-party consent for phone calls: you may record a call you take part in. In-person and video-call conversations are different: everyone must be told beforehand that they are being recorded.
Can a business record calls in Oregon?
Phone calls need no announcement under Oregon law, but announce on video calls, in meetings and on calls with all-party states. The Oregon Consumer Privacy Act (since July 1, 2024) covers businesses handling personal data of 100,000 consumers, or 25,000 if over 25% of revenue comes from selling data. The Attorney General enforces it; the cure period ended January 1, 2026.
What counts as consent in Oregon?
Phone calls: your own consent is enough. In person and on video, warn clearly before recording, for example: this conversation is being recorded. An unequivocal warning is required (State v. Bichsel, 1990), but nobody has to understand or agree (State v. Haase, 1995).
What happens if you record a call illegally in Oregon?
A Class A misdemeanor: up to 364 days in jail and a fine up to $6,250. Recordings made unlawfully cannot be used as evidence in Oregon courts (ORS 41.910).
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.
