Call Recording Laws in Georgia 2025
Last Updated: February 17, 2025
Georgia is a one-party consent state. This means that if you are a participant in a conversation, your consent alone permits you to record the call legally. Under Georgia Code Section 16-11-62, unauthorized recording of conversations where you are not a participant is prohibited. In this article, we explore the key rules, potential penalties, and best practices for recording calls in Georgia.
Overview of Georgia Call Recording Law
Georgia’s recording law is designed to balance the need for lawful recording with the privacy rights of individuals. Under the state’s law, recording a conversation is legal if you are a party to it. However, if you attempt to record conversations in which you are not a participant, you may be in violation of the law. Additionally, while criminal law permits one-party consent, the misuse of recorded conversations can still lead to civil action.
Is It Legal to Record a Call in Georgia?
Yes, recording a call in Georgia is legal as long as you are a participant in the conversation. Your consent alone is sufficient to record the call. However, recording a conversation without being a party to it, or without the knowledge of all parties when required, can lead to legal complications.
Georgia One-Party Consent
Georgia operates under a one-party consent rule. This means that if you are involved in a conversation, your consent is enough to record it. The law, as stated in Georgia Code Section 16-11-62, protects your right to record your own communications while ensuring that recordings of conversations in which you are not involved remain illegal.
Penalties for Illegal Recording in Georgia
Violating Georgia’s call recording laws can lead to criminal charges and civil liability. Unauthorized recording—especially if you are not a participant in the conversation—can result in fines and, in some cases, imprisonment. It is essential to obtain proper consent when recording any conversation to avoid these penalties.
Federal vs. Georgia Law
Although federal law under 18 U.S.C. § 2511 permits one-party consent, Georgia’s state law governs recordings made within its borders. When recording calls that involve parties from different states, it is best to adhere to the stricter rule—in this case, Georgia’s one-party consent law—to ensure full legal compliance.
Frequently Asked Questions
Is Georgia a one-party consent state?
Yes. In Georgia, if you are a participant in the conversation, your consent is enough to legally record the call.
Can I record calls in Georgia without informing the other person?
Yes, as long as you are part of the conversation. Recording calls where you are not involved is illegal.
What happens if I illegally record someone in Georgia?
Illegal recording in Georgia can result in criminal charges, fines, and potential imprisonment, as well as civil lawsuits.
How do Georgia laws interact with federal recording laws?
While federal law allows one-party consent, Georgia law governs recordings within the state. It is advisable to follow Georgia's one-party consent rule for full compliance when any party is located in Georgia.
Additional Resources
For more details, refer to Georgia Code Section 16-11-62 or visit our Call Recording Laws by State guide.
The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
About Chatwarden
Chatwarden is a set-it-and-forget-it call monitoring tool for small business and contractor owners who want to keep an eye on customer support calls without having to listen to them all.
Here’s how it works:
- You connect Chatwarden to your existing phone system.
- You upload any call-handling instructions or SOPs you want your team to follow.
- Chatwarden checks each call for obvious issues like missed calls, poor sound quality, and dropped calls.
- Chatwarden also checks for less obvious issues: Did your team help the customer? Did they give the correct info? Did they follow SOPs?
- You get a breakdown for each call showing what your team does well and where they can improve.
- If Chatwarden spots a critical issue (like a manager request or an upset customer) you get an email alert immediately.
Learn more at www.chatwarden.com