Call Recording Laws in Tennessee 2025
Last Updated: February 17, 2025
Tennessee is a one-party consent state. This means that if you are a participant in a conversation, your consent alone authorizes you to legally record the call. Under Tennessee Code Annotated §§ 39-13-601 and 39-13-604, recording is allowed so long as one party consents, provided that the recording is not made for criminal or tortious purposes. In this article, you will learn about Tennessee’s consent requirements, the penalties for illegal recordings, and practical tips for compliance.
Overview of Tennessee Call Recording Law
Tennessee’s call recording laws permit the recording of telephone and electronic communications if at least one party to the conversation consents. The law is intended to balance the right of an individual to record their own communications with the need to protect the privacy of others. It is important to note that recording a conversation in which you are not a participant is illegal.
Is It Legal to Record a Call in Tennessee?
Yes, recording a call in Tennessee is legal if you are an active participant in the conversation. Your consent alone is sufficient to authorize the recording. However, if you record a call in which you are not involved, you may face criminal and civil penalties.
Tennessee One-Party Consent
Tennessee follows a one-party consent policy. This means that if you are part of the conversation, your own consent authorizes you to record it, even if the other parties are unaware. This provision enables you to document your own communications while protecting the privacy rights of non-participants.
Penalties for Illegal Recording in Tennessee
Violating Tennessee’s call recording laws can lead to significant legal consequences. Unauthorized recording may result in criminal charges, fines, and imprisonment, as well as civil liability for invasion of privacy. Always ensure that you are an active participant and that your recording is for lawful purposes.
Federal vs. Tennessee Law
Federal law under 18 U.S.C. § 2511 requires one-party consent for recording communications, which is consistent with Tennessee’s approach. However, if your call involves participants from states with stricter consent laws, it is advisable to obtain consent from all parties to ensure full legal compliance.
Frequently Asked Questions
Is Tennessee a one-party consent state?
Yes. In Tennessee, if you are a participant in the conversation, your consent alone is sufficient to legally record the call.
Can I record calls in Tennessee without informing the other party?
Yes, as long as you are part of the conversation. Recording a call in which you are not involved is illegal.
What are the penalties for illegal recording in Tennessee?
Illegal recording in Tennessee can result in criminal charges, fines, imprisonment, and civil liability for invasion of privacy.
How do federal and Tennessee recording laws compare?
Both federal law and Tennessee law require one-party consent for recording communications. However, when calls span multiple jurisdictions, it’s best to secure consent from all parties.
Additional Resources
For more details, refer to Tennessee Code §§ 39-13-601 and 39-13-604 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.
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