Can I Record That Phone Call?

Category: Criminal

One of the questions we get regularly from clients is…can I record a phone call?  Is That Legal?

Here are the rules in Arizona:

A call from someone in Arizona to someone also in Arizona can be recorded as long as one party to the phone call is aware of the recording.

A call to someone in the United States, but outside of Arizona it is best to not record the phone call without all participants being aware of the recording.  Different states have different laws, and a person should always follow the law of the strictest state when it comes to recording phone calls with interstate participants.  For example, California does not permit recording phone calls without all participants’ consent, so if calling someone in California, you should not record the call without consent.

In Arizona recording someone else’s phone calls, which you are not a participant in, without consent can be charged as a class 5 felony.

It is an ethical violation for an attorney to record a phone call with another attorney if all parties are not aware of the recording.