Oregon Phone Recording Laws: One-Party Consent for Calls

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

Both, depending on how you're talking.

Phone calls are one-party. ORS 165.540(1)(a) bars getting a telecommunication "to which the person is not a participant," by any device, "unless consent is given by at least one participant." If you're on the call, you're a participant.

In-person and video talks are closer to two-party. The same statute bars getting a conversation by device "if not all participants in the conversation are specifically informed that their conversation is being obtained." People call that two-party. The law means all participants, however many there are.

Oregon's test for these talks is notice, not agreement, so you have to tell people, but they don't have to say yes. An Oregon appeals court said that rule "was not a consent provision."

Video calls count as conversations. Oregon's definition says a conversation "includes a communication occurring through a video conferencing program." So a video meeting follows the notice rule even when a phone call wouldn't.

One exception to know. These rules "do not apply to subscribers or members of their family" who record in their own homes.

A call with your landlord vs. a client meeting:

• Fine: You record your phone call with your landlord and don't mention it. You're a participant, and that's enough on a phone call.
• Not fine: You hide your phone and record a client meeting at your office, and no one else knows. Everyone there had to be specifically informed.

Penalties for illegal recording in Oregon

	What the law says
The crime	A misdemeanor, with up to 364 days in jail
Fine	Up to $6,250
Company fine	Up to $5,000 for a corporation, or up to double its gain from the offense
Civil damages	At least $1,000. More if $100 a day, or actual losses, comes to more. Punitive damages too (ORS 133.739)
Fees	The court may award reasonable fees to the winner. A winning defendant can't get fees in a state class action

It's unclear if those civil damages reach a private recording, because their law doesn't name the main recording statute. Don't count on them.

Federal law also lets you sue. A court may award at least $10,000. More if $100 a day, or actual losses plus the violator's profits, comes to more.

Oregon court cases

Tell everyone before you record in person or on video. You may still read that a court struck down that rule. That's out of date, and the rule is in force.

A federal appeals panel struck the rule in July 2023. A larger group of judges in that court upheld it against a free speech challenge on January 7, 2025, as applied to the media group that sued (Project Veritas v. Schmidt). The U.S. Supreme Court declined to review it on October 6, 2025.

Can a business record your call in Oregon?

If you run a business: announce on phone calls too. Oregon doesn't require it there, but the law where the other person is may require consent. On video or in person, you have to tell everyone.

A call center call falls under the one-participant rule for phone calls. A business recording a video support session, or a talk at a counter, needs to tell everyone. We found no general business exception. It's unclear if a vendor or AI coaching tool counts as a participant, so announce it.

If you're the customer: if you stay on the phone after "this call may be recorded," federal law may treat that as consent. A federal appeals court found consent where someone was warned repeatedly. That's federal, and it says nothing about Oregon's notice rule for conversations.

If you run a business: say "we record" instead.

What if the other person is in another state?

Oregon's phone rule is easy to meet, and that's what can catch you out. California, for one, needs everyone's consent, and its top court applied that law to a business in another state recording people in California.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. For a video meeting with people in several states, tell everyone at the start. That meets Oregon's notice rule too.

Running a call center or sales team in Oregon?

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

People in Oregon filed 30,013 fraud reports with the FTC in 2024 and reported about $123.7 million lost, with a median loss of $400. 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 Oregon?

A person on the call can generally record it in Oregon, 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 Oregon Department of Justice, Consumer Protection, 1-877-877-9392. 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 Oregon

CallTutor's analysis of 1,031 calls from Oregon area codes, August through October 2026, found a credit card number read out loud on 22.9% 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 Oregon. 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.

Oregon recording law FAQ

Is Oregon a one-party consent state?

For phone calls, yes. One participant's consent is enough. In-person and video talks in Oregon follow a stricter rule: everyone must be specifically informed.

Is Oregon a two-party consent state?

Partly. Oregon phone calls need one participant's consent. In-person and video conference talks need all participants to be specifically informed.

In Oregon, can someone record me without telling me?

On a phone call, yes, if they're on it or someone on it agreed. In person or on video in Oregon, generally no, with an exception for homes.

Is Oregon's in-person recording rule still valid?

Yes. A federal appeals panel struck it in 2023, but a larger group of judges in that court upheld Oregon's rule against a free speech challenge on January 7, 2025.

Can I record a video call in Oregon?

Only if all participants are specifically informed. Oregon's definition of a conversation includes video conferencing programs.

Recording laws in nearby states

• California phone recording laws (two-party)
• Idaho phone recording laws (one-party)
• Nevada phone recording laws (two-party)
• Washington phone recording laws (two-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.