South Carolina Phone Recording Laws: One-Party Consent

Is South Carolina a one-party or two-party consent state?

South Carolina is one-party for now, not two-party. One person on the call or in the conversation has to agree, and that person can be you.

S.C. Code § 17-30-30(C) says it's lawful for a private person to intercept a communication "where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception."

A party is a person on the call. Intercept is the law's word, and it covers recording. The same sentence covers phone calls and in-person talks.

That sentence has no limit for recordings made to commit a crime or to wrong someone in a way they could sue over. Federal law does have that limit, and it still applies in South Carolina. So the shorter state wording doesn't make that kind of recording safe.

In-person talks. The law covers a talk when the speaker expects it isn't being intercepted and the circumstances justify that. It doesn't cover "any public oral communication uttered at a public meeting."

The pending bill. H. 3593 would make interception lawful only if all parties consent. It was prefiled December 12, 2024, and sent to the House Judiciary Committee on January 14, 2025. As of November 2, 2026, the legislature's page showed no later action. One-party is still the rule.

A Columbia contractor's promise, and a hidden conference room recorder

• Fine: You're in Columbia and you record your own call with a local contractor, so you have a record of what was promised.
• Not fine: You leave a recorder in a conference room to catch a private meeting you aren't in, and no one in the meeting agreed.

Penalties for illegal recording in South Carolina

	What the law says
The crime	A felony under § 17-30-50
Prison	Up to 5 years
Fine	Up to $5,000, or both prison and a fine
Who can sue	Anyone whose communication was intercepted, disclosed or used in violation of South Carolina's recording law, against any person or entity, under § 17-30-135
Damages	At least $25,000. More if $500 a day, or your actual damages, comes to more
Other money	Punitive damages, plus a reasonable attorney's fee and litigation costs
Deadline	Five years after a reasonable chance to discover the violation
Jury	You have a right to a jury trial

If you're suing a government agency, different damage limits apply. The five-year deadline is longer than the federal two years, so a state claim can outlast a federal one.

Can a business record your call in South Carolina?

Yes. A company on the call is a party, and South Carolina's rule makes its recording lawful today. That would change if H. 3593 becomes law, because the company would then need every party's consent.

If you run a business: Announce the recording at the start of the call. South Carolina's rule doesn't require it, but the law where the other person is may require consent. "This call may be recorded" isn't what makes the recording lawful here. Say "we record" instead, because it's a clearer warning.

If you're the customer: Staying on the line can count as consent under federal law, depending on what you knew. A federal appeals court held that a person warned over and over had agreed (Griggs-Ryan v. Smith).

That case was about a landlady's phone, so don't treat it as a rule for customer calls. If you'd rather not be recorded, you can decline to go on.

What if the other person is in another state?

The other state's law may matter as much as South Carolina's. California is the standard example: § 632 needs consent from everyone. Its top court applied that to brokers in Georgia, a one-party state like South Carolina. The court ordered no money for past conduct, but it let the request for a court order go forward.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. Telling the other person at the start is the simple way to do it.

Running a call center or sales team in South Carolina?

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

People in South Carolina filed 31,929 fraud reports with the FTC in 2024 and reported about $137.0 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 South Carolina?

A person on the call can generally record it in South Carolina, 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 South Carolina Department of Consumer Affairs, (803) 734-4200. 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 South Carolina

CallTutor's analysis of 3,308 calls from South Carolina area codes, August through October 2026, found a credit card number read out loud on 20.1% 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 South Carolina. 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.

South Carolina recording law FAQ

Is South Carolina a one-party consent state?

Yes, today. In South Carolina, a person on the call can record it, and anyone else needs prior consent from one person on it.

Is South Carolina a two-party consent state?

Not today. South Carolina's H. 3593 would require all parties' consent, but as of November 2, 2026, it showed no action after January 14, 2025.

In South Carolina, can someone record me without telling me?

Yes, if they're on the call with you or someone on it agreed first. Someone outside the call with no consent can't.

How much can I sue for in South Carolina?

At least $25,000, and more if $500 a day or your actual damages come to more. South Carolina also allows punitive damages and attorney's fees.

Recording laws in nearby states

• Georgia phone recording laws (one-party)
• North 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.