Georgia Phone Recording Laws: One-Party Consent

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

For audio, Georgia is one-party. It isn't a two-party state for calls or conversations. The Georgia Supreme Court calls it a "one-party-consent rule."

O.C.G.A. § 16-11-62 sets the bans:

• Phone calls. It's a crime to "intentionally and secretly" use a device to intercept a message sent by telephone.
• In-person talks. It's a crime to secretly record "the private conversation of another which shall originate in any private place."

Georgia's exception lifts both bans "where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception."

In plain words, you can record if you're on the call, or if one person on it agreed first. A Georgia appeals court read it the same way in Malone v. State: the law "does not prohibit a party to the conversation from recording it."

Two limits matter:

• Video. In State v. Cohen, the state's top court said the one-party rule covers things like "voices involved in a telephone conversation." Recording activities in a private place still needs "the consent of all persons observed."
• Kids. Calls with a child under 18 have their own consent rules, so don't rely on the usual rule for those calls.

Your own call vs. your spouse's call

• Fine: You're on the phone with a contractor in Atlanta and you record the call. You don't have to say so.
• Not fine: You tape your spouse's calls at home, when you aren't on them and no one on them agreed. In Ransom v. Ransom, the state's top court found no spousal exception, and a husband's secret tapes couldn't be used in court.

Penalties for illegal recording in Georgia

	What the law says
The crime	A felony under § 16-11-69
Prison	One to five years
Fine	Up to $10,000, or both prison and a fine
Civil suit	We found no set damages amount in the statute

Can you sue? A federal trial court says yes. In Kemeness v. Worth County (2020), it wrote, "Eavesdropping victims can bring civil actions under Georgia's eavesdropping act." That case was about a hidden device in a meeting room, not someone recording their own call.

Under the federal wiretap law, a court may award at least $10,000. It may award more if $100 a day, or actual losses plus the violator's profits, comes to more. You have two years from when you first had a reasonable chance to discover the violation.

Can a business record your call in Georgia?

Georgia's eavesdropping law doesn't make a business announce a recording. The other person's state may require consent, so announce it anyway.

A company on the call counts as a party, so it can record its own calls. In Georgia, "this call may be recorded" isn't what makes the recording legal. Say "we record" instead, because it's a clearer warning.

If you're the customer: staying on the line after a notice can count as consent under federal law. A federal appeals court found that for a person warned again and again (Griggs-Ryan v. Smith).

What if the other person is in another state?

A key California case on this started with calls from Georgia. In Kearney v. Salomon Smith Barney, brokers in Georgia recorded calls with California clients and gave no notice. California's top court applied California law to the practice. It didn't award money for past calls, but it let the request for a court order go forward.

That ruling binds California courts, not Georgia's. Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. For a call with someone in California, say at the start that you're recording.

Running a call center or sales team in Georgia?

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

People in Georgia filed 67,703 fraud reports with the FTC in 2024 and reported about $291.3 million lost, with a median loss of $450. 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 Georgia?

A person on the call can generally record it in Georgia, 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 Georgia Attorney General's Consumer Protection Division, (404) 651-8600. 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 Georgia

CallTutor's analysis of 8,384 calls from Georgia area codes, August through October 2026, found a credit card number read out loud on 18.8% 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 Georgia. 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.

Georgia recording law FAQ

Is Georgia a one-party consent state?

Yes, for calls and conversations. Georgia allows a recording if you're on the call or one person on it agreed first.

Is Georgia a two-party consent state?

No, not for calls or conversations. Video of activities in a private place in Georgia is different and needs everyone's consent.

In Georgia, can someone record me without telling me?

Yes, if that person is on the call or one person on it agreed first. Secretly recording you with no one's consent is a felony.

Can I record my spouse's calls in Georgia?

Not if you aren't on the call and no one on it agreed. The Georgia Supreme Court found no spousal exception.

Recording laws in nearby states

• Alabama phone recording laws (one-party)
• Florida phone recording laws (two-party)
• North Carolina phone recording laws (one-party)
• South Carolina 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.