Colorado Phone Recording Laws: One-Party Consent

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

Colorado has one statute for calls and another for in-person talk. Both make it a one-party state, so it's not a two-party state. A "party" here is a person in the call or conversation.

• Phone calls. C.R.S. § 18-9-303 applies to "Any person not a sender or intended receiver" who records a call "without the consent of either a sender or a receiver thereof."
• In-person talk. Section 18-9-304 applies to "Any person not visibly present during a conversation or discussion" who records it "without the consent of at least one of the principal parties thereto."

So the in-person rule seems aimed at someone listening from out of sight.

Both statutes also ban recording for the purpose of an unlawful act, and those parts don't mention consent. So don't assume one person's okay covers a recording made to do something illegal.

The repair shop call versus your roommate's call

• Fine: You record your own call with a repair shop, because you're the sender or receiver of that call.
• Not fine: You tap into a call between your roommate and a friend, and neither of them agreed.

Penalties for illegal recording in Colorado

	What the law says
The crime	A misdemeanor (class 2), for wiretapping and for eavesdropping
Jail	Up to 120 days, for offenses on or after March 1, 2022
Fine	Up to $750, or both jail and fine

Older numbers exist. The Reporters Committee for Freedom of the Press guide, last updated in July 2022, calls wiretapping a felony with much larger fines. The code says misdemeanor, so rely on the code.

The guide also says Colorado doesn't generally allow civil suits over this. We didn't find a state statute that sets damages for call recording.

Federal law does allow a suit. A court may award $10,000, $100 for each day of violation, or actual losses plus the violator's profits, whichever is most. You get two years from your first reasonable chance to discover the violation.

Can a business record your call in Colorado?

Yes, a business on the call can record.

If you run a business: Colorado's wiretapping law doesn't make you announce it. Your caller's state may require consent, so give notice at the start. Don't say "this call may be recorded." Say "we record" instead, because it's a clearer warning.

A business that's a sender or receiver of the call falls outside the wiretapping law. An outside company that isn't a sender or receiver needs the consent of one who is.

Colorado also has a business exception. Section 18-9-305 says Colorado's statutes don't stop anyone from using recording devices "on his own premises for security or business purposes if reasonable notice of the use of such devices is given to the public."

If you're charged, you'd have to raise this as your defense. It's unclear if this covers a call center, so don't rely on it.

If you're the customer: if you hear a notice, you can stay or hang up. Under federal law, staying can count as consent when the facts show you knew, as a federal appeals court found in Griggs-Ryan v. Smith.

What if the other person is in another state?

Colorado's one-party rule may not follow you across a state line. If the other person is in California, California's law may require everyone's consent. That state's Supreme Court applied California law to a business in another state that recorded calls with people in California.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. Telling the person up front costs you a sentence.

Running a call center or sales team in Colorado?

Our advice: announce the recording at the very start of every call, inbound and outbound. Colorado'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 Colorado

People in Colorado filed 44,945 fraud reports with the FTC in 2024 and reported about $210.7 million lost, with a median loss of $500. 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 Colorado?

A person on the call can generally record it in Colorado, 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 Section, Colorado Attorney General's Office, 1-800-222-4444. 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 Colorado

CallTutor's analysis of 1,423 calls from Colorado area codes, August through October 2026, found a credit card number read out loud on 21.8% 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 Colorado. 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.

Colorado recording law FAQ

Is Colorado a one-party consent state?

Yes. In Colorado, a person on the call or in the conversation can record it, and an outsider needs one party's consent.

Is Colorado a two-party consent state?

No. Colorado doesn't require everyone's consent for phone calls or in-person conversations. One party's consent is enough.

In Colorado, can someone record me without telling me?

Yes, if that person is on the call or in the conversation, or has one party's consent. An outsider with no one's consent commits a misdemeanor in Colorado.

Is wiretapping a felony in Colorado?

No. Colorado's code makes it a misdemeanor, with up to 120 days in jail, a $750 fine, or both. Some older guides list felony penalties.

Can I sue over a recording in Colorado?

One press guide says Colorado generally doesn't allow it. Federal law allows a suit within two years of your first reasonable chance to discover the violation.

Recording laws in nearby states

• Kansas phone recording laws (one-party)
• Nebraska phone recording laws (one-party)
• New Mexico 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.