Utah Phone Recording Laws: One-Party Consent

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

Utah is one-party, and no two-party rule applies to private people. One person on the call has to agree, and that person can be you.

Utah Code § 77-23a-4(7)(b) says a private person may intercept "a wire, electronic, or oral communication if that person is a party to the communication or one of the parties to the communication has given prior consent to the interception".

A party is a person on the call or in the conversation. Intercept is the law's word, and it covers recording.

The same sentence removes that protection when the purpose is to commit a crime, or to wrong someone in a way they could sue over, in violation of state or federal law.

The same rule covers phone calls and in-person talks.

A Salt Lake City repair quote, and a neighbor's calls

• Fine: You're in Salt Lake City and you record your own call with a mechanic, so you have a record of the repair price.
• Not fine: You set up a device to catch your neighbor's private calls, and no one on those calls agreed.

Penalties for illegal recording in Utah

	What the law says
The crime	Usually a felony under § 77-23a-4(10)(a). Some first offenses involving radio signals are misdemeanors
Prison	Up to 5 years under § 76-3-203
Fine	$5,000 for an individual
Who can sue	A person whose communication was intercepted, disclosed or intentionally used in violation of Utah's recording law
Damages	A court may award at least $10,000. More if $100 a day, or actual losses plus the violator's profits, comes to more
Other money	Punitive damages in appropriate cases, a reasonable attorney's fee and litigation costs
Deadline	Two years after a reasonable opportunity to discover the violation

The civil rules are in § 77-23a-11. The word "may" means a court doesn't have to award the $10,000.

Someone who's sued can also raise good faith as a defense, including a good faith belief that the recording law allowed what they did.

Can a business record your call in Utah?

Yes. Utah treats a business like anyone else on the call, so it can record without announcing it, with the same limit on the purpose.

If you run a business: Announce the recording at the start of the call, because the law where your caller is may require consent. Don't rely on "this call may be recorded". Say "we record" instead, because it's a clearer warning.

If you're the customer: Utah's statute doesn't say if staying on the line after that notice counts as agreeing. Federal law says it can, when the facts show you "knowingly agreed" (Griggs-Ryan v. Smith). A company on the call doesn't need your consent under Utah's rule anyway.

What if the other person is in another state?

Picture a Salt Lake City call center with customers in California. California's Penal Code § 632 needs everyone's consent, and Kearney v. Salomon Smith Barney applied it to an out-of-state business.

Other courts look at this differently. A federal court applying Massachusetts law, in MacNeill Engineering v. Trisport, found no liability for a recording made outside Massachusetts.

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 Utah?

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

People in Utah filed 19,493 fraud reports with the FTC in 2024 and reported about $113.1 million lost, with a median loss of $550. 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 Utah?

A person on the call can generally record it in Utah, 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 Utah Department of Commerce, Division of Consumer Protection, (801) 530-6601. 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 Utah

CallTutor's analysis of 1,731 calls from Utah area codes, August through October 2026, found a credit card number read out loud on 13.2% 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 Utah. 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.

Utah recording law FAQ

Is Utah a one-party consent state?

Yes. Utah lets a person on the call record it, or someone with one person's prior consent, unless the purpose is a crime or a wrong someone could sue over.

Is Utah a two-party consent state?

No. Utah needs consent from only one person, whether it's a call or a talk in person.

In Utah, can someone record me without telling me?

Yes, if they're on the call or one person on it agreed first, and the purpose isn't a crime or a wrong you could sue over.

How long do I have to sue over an illegal recording in Utah?

Utah gives you two years after you had a reasonable opportunity to discover the violation.

Recording laws in nearby states

• Arizona phone recording laws (one-party)
• Colorado phone recording laws (one-party)
• Idaho phone recording laws (one-party)
• Nevada 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.