Minnesota Phone Recording Laws: One-Party Consent

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

Minnesota is one-party, not two-party. A party is a person on the call. Your own consent counts if you're on it. If you aren't, someone who is has to agree first.

Minn. Stat. § 626A.02 bans intentional interception, then gives this exception: it's not unlawful "where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception."

The same sentence covers phone calls and in-person talk. The exception ends if you record to commit a crime or to wrong someone in a way they could sue over.

In-person talk gets one more limit. Section 626A.01 protects only words spoken by a person "exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation." So talk where nobody could reasonably expect privacy isn't protected.

If someone says you recorded for a bad purpose, they have to prove it. The Minnesota Court of Appeals said so in Copeland v. Hubbard Broadcasting (1995). That was a TV station's recording, not a typical business call, but it means a commercial reason alone doesn't defeat the exception.

Your own call versus someone else's:

• Fine. You record your own call with a contractor so you have a record of what he promised.
• Not fine. You secretly record a call between two coworkers. You aren't on it, and neither of them agreed.

Penalties for illegal recording in Minnesota

	What the law says
Prison	Up to 5 years
Fine	Up to $20,000, or prison and fine both
Who can sue	A person whose call or conversation was intercepted, disclosed, or intentionally used in violation of the law
Damages	A court may award at least $10,000. More if $100 a day, or three times actual losses plus the violator's profits, comes to more
Also	Punitive damages in appropriate cases, a reasonable attorney's fee, and litigation costs
Deadline	Two years after a reasonable chance to discover the violation

The right to sue is in § 626A.13.

Can a business record your call in Minnesota?

Minnesota's law doesn't make a business on the call announce the recording. But the law where the other person is may require consent, so announcing is the safe habit.

A business on the call is a party, so the one-party rule covers it.

The law also leaves out of its definition of a recording device the phone equipment a customer connects and uses as a normal part of its business. It's unclear if that exception reaches a call center, so don't rely on it.

"This call may be recorded" isn't what makes the recording legal under Minnesota's rule. The company's own consent does that. We didn't find a Minnesota notice rule.

If you give a notice, don't use those words. Say "we record" instead, because it's a clearer warning. Federal law can treat staying on the line as consent, as Griggs-Ryan v. Smith did after repeated warnings.

What if the other person is in another state?

Minnesota's rule may not cover a call into another state. A call from Minneapolis to someone in California can raise California's Penal Code § 632, which requires everyone's consent. California's top court applied its own law to a business recording calls with people there.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. For most people, that means announcing the recording at the start and getting an okay.

Running a call center or sales team in Minnesota?

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

People in Minnesota filed 31,081 fraud reports with the FTC in 2024 and reported about $144.6 million lost, with a median loss of $412. 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 Minnesota?

A person on the call can generally record it in Minnesota, 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 Minnesota Attorney General's Office, Consumer Action Division, (651) 296-3353. 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 Minnesota

CallTutor's analysis of 2,501 calls from Minnesota area codes, August through October 2026, found a credit card number read out loud on 20.3% 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 Minnesota. 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.

Minnesota recording law FAQ

Is Minnesota a one-party consent state?

Yes. In Minnesota, one person on the call can consent, and that person can be you, unless the purpose is a crime or a wrong someone could sue over.

Is Minnesota a two-party consent state?

No. Minnesota is a one-party consent state for phone calls and in-person conversations.

In Minnesota, can someone record me without telling me?

Yes, if that person is on the call or someone on it agreed first. They can't do it to commit a crime or a wrong you could sue over.

Can I record a call I'm not on in Minnesota?

Only if someone on the call gave prior consent. Otherwise you can face up to 5 years in prison, a $20,000 fine, or both.

How much can I sue for in Minnesota?

A Minnesota court may award at least $10,000. More if $100 a day, or three times actual losses plus profits, comes to more. You have two years from a reasonable chance to discover it.

Recording laws in nearby states

• Iowa phone recording laws (one-party)
• North Dakota phone recording laws (one-party)
• South Dakota phone recording laws (one-party)
• Wisconsin 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.