Call Recording Laws in Vermont 2025

Last Updated: February 17, 2025

Vermont does not have a clear statute governing the recording of telephone or electronic communications. Due to the absence of definitive statutory language, the legal landscape in Vermont is ambiguous. While some court cases suggest that a participant may record a conversation with only their own consent, it is generally recommended to obtain consent from all parties to ensure compliance.

Overview of Vermont Call Recording Law

Vermont’s approach to call recording is not defined by a specific statute, leaving its consent requirements somewhat ambiguous. Case law, including decisions such as Vermont v. Geraw and Vermont v. Brooks, has not clearly established whether Vermont should be treated as a one-party or all-party consent state. As a result, to minimize legal risk, many legal advisors recommend obtaining consent from all parties involved in a conversation.

Is It Legal to Record a Call in Vermont?

Recording a call in Vermont is legal if you are a participant, but due to the ambiguous legal framework, it is best practice to secure consent from all parties. Without clear statutory guidance, relying solely on one-party consent might expose you to potential legal risks.

Vermont Consent Considerations

Because Vermont lacks a definitive call recording statute, the safest approach is to assume an all-party consent standard for confidential communications. This means you should inform every party to the conversation and obtain their consent before recording, especially in situations where privacy is expected.

Penalties for Illegal Recording in Vermont

Since there is no clear statutory penalty for unauthorized recording in Vermont, penalties are determined by case law and can vary. Unauthorized recording could potentially result in criminal charges, fines, and civil lawsuits for invasion of privacy. To avoid these risks, it is advisable to obtain consent from all participants.

Federal vs. Vermont Law

Federal law under 18 U.S.C. § 2511 permits one-party consent for recording communications. However, because Vermont does not have a clear statutory framework, it is prudent to follow the stricter approach by obtaining consent from every participant when recording conversations in Vermont.

Frequently Asked Questions

Is Vermont a one-party consent state?

Vermont does not have a definitive statute on call recording, so its consent requirements are ambiguous. To minimize risk, it is recommended to obtain consent from all parties involved.

Can I record calls in Vermont without informing the other party?

Due to the ambiguous legal landscape, it is safest to inform and secure consent from every participant before recording a call in Vermont.

What are the penalties for illegal recording in Vermont?

Without a clear statute, penalties for illegal recording in Vermont are determined by case law and may include criminal charges, fines, and civil liability.

How do federal and Vermont recording laws compare?

Federal law allows one-party consent, but because Vermont’s law is ambiguous, obtaining consent from all parties is the best practice to ensure compliance.

Additional Resources

For further information, consider reviewing Vermont case law such as Vermont v. Geraw or consult legal resources on privacy and electronic communications. You can also 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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