Can you record a phone call in Wisconsin?
You can record a call you take part in without asking the others. Wisconsin civil courts, though, generally reject a call recording unless the person was told at the time about the recording and its possible use in court.
- Phone calls
- Wisconsin Statutes section 968.31 makes intercepting a call or other electronic communication a Class H felony. Subsection (2)(c) allows it when you are a party to the communication or one party gave prior consent, unless the purpose is a crime, a civil wrong or another harmful act. Section 885.365 separately limits phone recordings as evidence in civil cases.
- Business calls
- Wisconsin sets no notice rule for a participant who records, and it has no general consumer privacy law. To keep a recording usable in a civil dispute, tell the other person at the start that the call is recorded and may be used in court. Lawyers should not record clients without informed consent (State Bar ethics opinion EF-24-01, 2024).
- What counts as consent
- As a participant, your own consent is enough under the criminal law. For use in a civil case, the person must be told at the time that the call is recorded and may be used in court, or a carrier-supplied recorder tone must sound about every 15 seconds.
- Penalties
- Class H felony: up to 6 years in prison, a fine up to $10,000, or both. Victims can sue for actual damages of at least $100 a day or $1,000, whichever is higher, plus punitive damages and 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
- In-person conversations follow the same rule where the speaker expects privacy. Courts look at the whole situation, such as volume, who could overhear and the setting (State v. Duchow, 2008).
- The evidence rule in section 885.365 does not make a recording illegal. It only limits its use in civil court.
- If the other person may be in an all-party state such as California or Washington, get their consent as well.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Wisconsin Statutes 968.31 (Wisconsin State Legislature)statute
- Wisconsin Statutes 885.365, recorded telephone conversation (Wisconsin State Legislature)statute
- Wis. Stat. 885.365, FindLaw copy current to January 2025guide
- Wisconsin ethics opinion EF-24-01: recording others without disclosure or consent (Wisconsin Lawyer, 2024)guide
- Reporters Committee for Freedom of the Press: Wisconsin recording guideguide
Other states
More free tools
Questions
Is Wisconsin a one-party consent state?
Yes. You can record a call you take part in without asking the others. Wisconsin civil courts, though, generally reject a call recording unless the person was told at the time about the recording and its possible use in court.
Can a business record calls in Wisconsin?
Wisconsin sets no notice rule for a participant who records, and it has no general consumer privacy law. To keep a recording usable in a civil dispute, tell the other person at the start that the call is recorded and may be used in court. Lawyers should not record clients without informed consent (State Bar ethics opinion EF-24-01, 2024).
What counts as consent in Wisconsin?
As a participant, your own consent is enough under the criminal law. For use in a civil case, the person must be told at the time that the call is recorded and may be used in court, or a carrier-supplied recorder tone must sound about every 15 seconds.
What happens if you record a call illegally in Wisconsin?
Class H felony: up to 6 years in prison, a fine up to $10,000, or both. Victims can sue for actual damages of at least $100 a day or $1,000, whichever is higher, plus punitive damages and 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.
