Call Recording Laws in Virginia 2025
Last Updated: February 17, 2025
Virginia is a one-party consent state. This means that if you are a participant in a conversation, your consent alone is sufficient to legally record that call. Under Virginia Code § 19.2-62, recording is permitted as long as one party consents, provided that the recording is not made for criminal or tortious purposes. In this article, you will learn about Virginia’s consent requirements, the penalties for illegal recordings, and practical tips for compliance.
Overview of Virginia Call Recording Law
Virginia’s call recording laws allow you to record telephone and electronic communications if you are an active participant. The state follows a one-party consent model, meaning your own consent authorizes you to record the conversation. 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 Virginia?
Yes, recording a call in Virginia is legal if you are a party to the conversation. Your consent alone permits you to record the call. However, if you record a conversation without being involved, you may face criminal and civil penalties.
Virginia One-Party Consent
Virginia adheres to a one-party consent rule. This means that if you are involved in a conversation, your consent is sufficient to record it, even if the other parties are unaware. This law is designed to allow you to document your communications while still protecting the privacy rights of those not participating.
Penalties for Illegal Recording in Virginia
Violating Virginia’s call recording laws can result in severe legal consequences. Unauthorized recording, such as recording a conversation in which you are not a participant, may lead to criminal charges, fines, and civil lawsuits for invasion of privacy.
Federal vs. Virginia Law
Federal law under 18 U.S.C. § 2511 requires one-party consent for recording communications, which is consistent with Virginia’s standard. When recording calls that involve participants from multiple jurisdictions, it is best to ensure that your recording complies with the strictest applicable law.
Frequently Asked Questions
Is Virginia a one-party consent state?
Yes. In Virginia, if you are a participant in the conversation, your consent alone is sufficient to legally record the call.
Can I record calls in Virginia 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 Virginia?
Illegal recording in Virginia can result in criminal charges, fines, and civil lawsuits for invasion of privacy.
How do federal and Virginia recording laws compare?
Both federal and Virginia law require one-party consent for recording communications. However, for multi-state calls, it is best to obtain consent from all parties to ensure full compliance.
Additional Resources
For more detailed information, refer to Virginia Code § 19.2-62 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.
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