Kentucky Phone Recording Laws: One-Party Consent

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

Kentucky is one-party, not two-party. The rule sits in one definition.

KRS 526.010 says: "'Eavesdrop' means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device." A party is a person on the call or in the talk.

Since "wire or oral communication" sits in the same sentence, phone calls and in-person talks follow the same rule. Notice "of others," too. Your own conversation may fall outside the definition altogether, and one-party consent covers you either way.

The crime itself is intentionally using a device to eavesdrop, "whether or not he is present at the time." Using what you got is a separate crime. Kentucky's law covers anyone who "knowingly uses or divulges information obtained through eavesdropping."

Your own call vs. a device left running on coworkers

• Fine: You record your own call with your landlord in Louisville. You're on the call, so you don't have to say so.
• Not fine: You leave a device running to catch two coworkers talking, and neither of them agreed.

Penalties for illegal recording in Kentucky

	Eavesdropping or installing a device	Using or divulging the information
The crime	A felony	A misdemeanor
Prison	1 to 5 years	Up to 12 months
Fine	$1,000 to $10,000, or double the gain if greater	Up to $500
Company fine	Up to $20,000, or double the gain if greater	Up to $10,000, or double the gain if greater

Can you sue? We found no set amount in Kentucky's eavesdropping law. Another statute can open the door: "A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation."

That statute sets no fixed amount, and it doesn't state punitive damages or attorney fees. You have to prove what you lost, as the Wal-Mart case below shows.

Federal law has a set figure. 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. The deadline is two years after you first had a reasonable chance to discover the violation.

Kentucky court cases

If you run a business, don't read this case as permission to record staff secretly. If you're suing, it shows a suit can fail without real harm from the recording.

Stringer v. Wal-Mart Stores (2004). A camcorder with audio capability ran in a store's claims area for about 40 hours, and employees didn't know. They sued over that and other things. The Kentucky Supreme Court held that the employees showed no damages it could recognize from the recording.

The trial judgment had awarded each of four employees $2,000,000 in compensatory and $3,000,000 in punitive damages across all the claims. The Supreme Court threw those awards out and sent only the defamation damages back for a new trial. No recording damages stand.

Can a business record your call in Kentucky?

Kentucky lets a business on the call record without a notice. The other person's state may require consent, so announce it anyway.

A business on the call is a party, and the definition only reaches recording "without the consent of at least one (1) party."

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: federal law can treat staying on the line as consent. A federal appeals court inferred it from repeated, clear warnings (Griggs-Ryan v. Smith). Another said consent is "not to be cavalierly implied," meaning courts shouldn't assume it lightly (Watkins v. L.M. Berry). You can always hang up.

What if the other person is in another state?

Kentucky borders plenty of states, and a call to a stricter one brings up a hard question. For example, California's law needs all parties' consent. Its top court said California law applied when a business outside the state recorded calls with California clients.

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 Kentucky?

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

People in Kentucky filed 22,129 fraud reports with the FTC in 2024 and reported about $70.8 million lost, with a median loss of $349. 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 Kentucky?

A person on the call can generally record it in Kentucky, 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 Kentucky Attorney General, Office of Consumer Protection, 502-696-5389. 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 Kentucky

CallTutor's analysis of 2,803 calls from Kentucky area codes, August through October 2026, found a credit card number read out loud on 19.8% 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 Kentucky. 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.

Kentucky recording law FAQ

Is Kentucky a one-party consent state?

Yes. Kentucky needs the consent of at least one person on the call or in the talk, and that person can be you.

Is Kentucky a two-party consent state?

No. Kentucky doesn't require everyone's consent, for phone calls or in-person conversations.

In Kentucky, can someone record me without telling me?

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

Can I record my boss in Kentucky?

If you're part of the conversation, Kentucky's eavesdropping law doesn't stop you. Your employer can have its own rules.

Can I sue over a secret recording in Kentucky?

We found no damages amount in Kentucky's eavesdropping law. A general statute lets you sue, but you must show real damages. The Wal-Mart employees lost that claim for lack of them.

Recording laws in nearby states

• Illinois phone recording laws (two-party)
• Indiana phone recording laws (one-party)
• Missouri phone recording laws (one-party)
• 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.