Can you record a phone call in Virginia?
You can record a call you take part in without asking the others. Virginia makes intercepting a call without any participant's consent a Class 6 felony.
- Phone calls
- Virginia Code section 19.2-62 makes it a Class 6 felony to intercept a phone call or other electronic communication. Subsection B.2 says it is not a crime when you are a party to the communication or one party gave prior consent. Federal law (18 U.S.C. 2511) adds that the recording must not be made to commit a crime or a civil wrong.
- Business calls
- Virginia sets no notice rule for a participant who records. The Virginia Consumer Data Protection Act (in force since 2023) covers businesses that handle personal data of 100,000 consumers a year, or 25,000 if over half their revenue comes from selling data. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent.
- What counts as consent
- As a participant, your own consent is enough. Virginia requires no beep or announcement. For a call you are not part of, one participant must give prior consent.
- Penalties
- Class 6 felony: 1-5 years in prison, or up to 12 months in jail, a fine up to $2,500, or both. Victims can sue for at least $400 a day or $4,000, whichever is more, plus punitive damages and 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
- Minimum damages double ($800 a day or $8,000) for calls between spouses, lawyer and client, doctor and patient, a licensed therapist and client, or clergy and a person seeking spiritual advice.
- In-person conversations follow the same rule where the speaker expects privacy. Talk in open public places can be recorded.
- Section 19.2-62 was last amended in 2004; the damages section 19.2-69 last changed in 2020.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Code of Virginia 19.2-62, interception of communications prohibited (Virginia Law)statute
- Code of Virginia 19.2-69, civil action for unlawful interception (Virginia Law)statute
- Code of Virginia 18.2-10, punishment for felonies (Virginia Law)statute
- Code of Virginia 59.1-576, scope of the Consumer Data Protection Act (Virginia Law)statute
- Reporters Committee for Freedom of the Press: Virginia recording guideguide
Other states
More free tools
Questions
Is Virginia a one-party consent state?
Yes. You can record a call you take part in without asking the others. Virginia makes intercepting a call without any participant's consent a Class 6 felony.
Can a business record calls in Virginia?
Virginia sets no notice rule for a participant who records. The Virginia Consumer Data Protection Act (in force since 2023) covers businesses that handle personal data of 100,000 consumers a year, or 25,000 if over half their revenue comes from selling data. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent.
What counts as consent in Virginia?
As a participant, your own consent is enough. Virginia requires no beep or announcement. For a call you are not part of, one participant must give prior consent.
What happens if you record a call illegally in Virginia?
Class 6 felony: 1-5 years in prison, or up to 12 months in jail, a fine up to $2,500, or both. Victims can sue for at least $400 a day or $4,000, whichever is more, plus punitive damages and 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.
