Arkansas Phone Recording Laws: One-Party Consent

Is Arkansas a one-party or two-party consent state?

One sentence settles it. Arkansas is one-party, not two-party, and the same sentence covers phone calls and in-person talk. A "party" is a person in the call or conversation.

Ark. Code § 5-60-120(a) says: "It is unlawful for a person to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess a recording of the communication unless the person is a party to the communication or one (1) of the parties to the communication has given prior consent to the interception and recording."

Here's what that wording means for you:

• It names every kind of call. Wire, landline, telephonic and wireless are all listed, so your type of phone doesn't change the rule.
• "Oral" brings in face-to-face talk. The rule is the same in a room as on the phone.
• "Possess a recording" is in there. After an illegal recording, holding on to it can count too, not only making it.
• "Prior consent." If someone else in the conversation is the one agreeing, get that okay before recording, not after.

Your insurance call versus your spouse's call

• Fine: You record your own call with your insurance company, because you're a party to it.
• Not fine: You secretly record a call between your spouse and a friend, and neither of them agreed before you started.

Penalties for illegal recording in Arkansas

	What the law says
The crime	A misdemeanor (Class A)
Jail	Not more than one year
Fine	Up to $2,500. If the person gained money or property, up to two times the gain
Company fine	An organization may be fined based on the gain, or up to twice the maximum otherwise allowed

The recording law doesn't set out a right to sue, and the Reporters Committee for Freedom of the Press says the same.

Federal law allows a suit over an illegal recording. A court may award $10,000, $100 for each day of violation, or actual losses plus the violator's profits, whichever is most. You have to file within two years of your first reasonable chance to discover the violation.

Can a business record your call in Arkansas?

Yes, a business on the call can record.

If you run a business: Arkansas doesn't make you warn callers. Their state may require consent, so warn them at the start. Don't say "this call may be recorded." Say "we record" instead, because it's a clearer warning.

A business on the call is "a party to the communication," and that takes it outside the ban. A separate company that isn't on the call needs one party's prior consent.

If you're the customer: hearing a notice and carrying on can hurt a later privacy claim. A federal appeals court rejected an Arkansas invasion of privacy claim where a woman knew she was being audiotaped and didn't object (Alexander v. Pathfinder, Inc., 1999).

That's one court on one set of facts, and it wasn't a call center. If a notice bothers you, you can hang up or ask for another way to handle it.

What if the other person is in another state?

Take a caller in California, where state law calls for everyone's consent. California's top court has held that a business outside the state, recording Californians, falls under California's law.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. If you're in Arkansas, that can mean getting everyone's consent, not only your own.

Running a call center or sales team in Arkansas?

Our advice: announce the recording at the very start of every call, inbound and outbound. Arkansas's own rule may not require it, but the law where the other person is may require consent, and this covers them without working out where each one is.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in Arkansas

People in Arkansas filed 14,393 fraud reports with the FTC in 2024 and reported about $52.1 million lost, with a median loss of $375. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in Arkansas?

A person on the call can generally record it in Arkansas, unless the recording is meant to commit a crime or wrong someone. If the caller is in a stricter state, that state's rule may apply too.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Consumer Protection Division, Arkansas Attorney General, 800-482-8982. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in Arkansas

CallTutor's analysis of 3,160 calls from Arkansas area codes, August through October 2026, found a credit card number read out loud on 18.7% of them, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in Arkansas. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

Arkansas recording law FAQ

Is Arkansas a one-party consent state?

Yes. In Arkansas, you can record if you're a party to the call or conversation, or if one party agreed first.

Is Arkansas a two-party consent state?

No. Arkansas doesn't require everyone's consent, for calls or in-person talk. One party's consent is enough.

In Arkansas, can someone record me without telling me?

Yes, if that person is part of the call or conversation, or one person in it agreed first. Otherwise it's a misdemeanor in Arkansas.

Is it illegal to keep a recording in Arkansas?

It can be. Arkansas makes it unlawful to intercept a communication and "record or possess a recording" of it, unless a party was involved or consented.

Can I sue over a recording in Arkansas?

We didn't find an Arkansas statute that sets damages. Federal law allows a suit within two years of your first reasonable chance to discover the violation.

Recording laws in nearby states

• Louisiana phone recording laws (one-party)
• Mississippi phone recording laws (one-party)
• Missouri phone recording laws (one-party)
• Oklahoma phone recording laws (one-party)

See all one-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.