Indiana Phone Recording Laws: One-Party Consent for Calls

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

On a phone call, Indiana is one-party, not two-party.

Phone calls. Ind. Code § 35-31.5-2-176 says interception is recording an electronic communication "by a person other than a sender or receiver of that communication, without the consent of the sender or receiver." A voice call counts under Indiana's definition.

So if you're on the call, you're outside the definition. If you're not, you need the consent of the sender or the receiver.

In-person talk. In Whitt v. Town of New Carlisle (2021), the Indiana Court of Appeals held that the statute doesn't reach wholly oral conversation captured by a device in a room. The law "only covers the interception of communication during its transmission."

That doesn't make in-person recording always fine. It's unclear if federal law or a later ruling changes the answer, so don't rely on Whitt alone.

Your own call vs. a device on someone else's line

• Fine: You record your own call with a contractor in Indianapolis. You're the sender or receiver, so you don't have to tell them.
• Not fine: You put a device on a phone line to record a call you aren't on, and neither person on the call agreed.

Penalties for illegal recording in Indiana

	What the law says
The crime	Illegally recording a call, a felony under § 35-33.5-5-5
Prison	1 to 6 years
Fine	May be fined up to $10,000, under § 35-50-2-6
Who can sue	A person whose communications were intercepted, disclosed or used in violation of the law, under § 35-33.5-5-4
Damages	At least $1,000. More if $100 for each day of violation, or your actual losses, comes to more
Punitive damages	When the court finds them appropriate
Fees	Reasonable attorney's fees, plus court costs
Deadline	Two years to file

Indiana court cases and settlements

If you run a business and record staff, tell them and get their consent. The South Bend cases involve police, not a typical business call, but they show an employer can be sued over recording its own staff.

• South Bend, 2013 settlements: $500,000. Officers and a spouse claimed the city broke wiretap laws through illegal phone recordings. The city paid $500,000 combined and said the settlements are "not an admission of guilt."
• South Bend, 2026 ruling, appealed. A state judge ruled in May 2026 that the police department's recordings of officers' calls on office lines violated the Indiana and federal wiretap acts. The Common Council appealed in June 2026.
• Whitt v. Town of New Carlisle (2021). Five town workers claimed hidden devices recorded their talk in Town Hall offices. The town won. The court said devices capturing an office conversation, or one side of a phone call, "would also not fall under" the law.

Can a business record your call in Indiana?

A business on the call falls outside Indiana's definition of interception. The other person's state may require consent, so announce it anyway.

Recording your own workers' calls is a separate question. The 2026 South Bend ruling applied the wiretap law to such recordings, but that ruling is on appeal. It's unsettled, so get your workers' consent.

If you run a business: skip "this call may be recorded." Say "we record" instead, because it's a clearer warning.

If you're the customer: staying on the line after that notice can count as consent under federal law, based on what you knew. A federal appeals court found that where someone was warned over and over (Griggs-Ryan v. Smith).

What if the other person is in another state?

A call from Indianapolis to Illinois or California brings another state's law into play. California's law needs all parties' consent, and its top court applied California law to a business recording calls with people in that state.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule.

Running a call center or sales team in Indiana?

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

People in Indiana filed 34,586 fraud reports with the FTC in 2024 and reported about $112.3 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 Indiana?

A person on the call can generally record it in Indiana, 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 Indiana Attorney General's Office, Consumer Protection Division, (317) 232-6330. 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 Indiana

CallTutor's analysis of 2,904 calls from Indiana area codes, August through October 2026, found a credit card number read out loud on 19.4% 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 Indiana. 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.

Indiana recording law FAQ

Is Indiana a one-party consent state?

Yes, for phone calls. In Indiana, a sender or receiver can record, or can consent to someone else recording. An appeals court held that in-person talk falls outside the state wiretap law.

Is Indiana a two-party consent state?

Not for phone calls. Indiana needs only the consent of the sender or the receiver.

In Indiana, can someone record me without telling me?

On a phone call, yes, if that person is on the call or has the consent of someone who is. A stranger recording your call with no one's consent commits a felony.

Can I record an in-person conversation in Indiana?

An appeals court held the state wiretap law doesn't cover wholly in-person talk. That doesn't settle federal law or other rules, so it isn't a green light.

Can I sue over an illegal call recording in Indiana?

Yes. You can recover at least $1,000, plus costs and fees. It's more if $100 a day, or your actual losses, comes to more. Indiana gives you two years.

Recording laws in nearby states

• Illinois phone recording laws (two-party)
• Kentucky phone recording laws (one-party)
• Michigan phone recording laws (depends)
• Ohio 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.