Virginia Phone Recording Laws: One-Party Consent

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

Virginia splits this into two questions. Is the recording a crime? And can you use it in a civil case? The answers are different.

Is it a crime?

Not with one person's consent.

Virginia isn't a two-party state for crimes. Va. Code § 19.2-62(B)(2) says: "It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception."

A party is a person on the call or in the conversation. Calls and in-person talks fall under the same words.

For in-person talks, the state's top court added a limit in Wilks v. Commonwealth (1977). A talk is protected only if the speaker expects not to be intercepted and the circumstances justify that. So a talk out in the open may not be protected.

Can you use it in a civil case?

Here Virginia acts more like an all-party state, for phone calls only. Va. Code § 8.01-420.2 says no recording of a telephone conversation "shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded".

There's a narrow second way in. The part of the recording offered must contain "admissions that, if true, would constitute criminal conduct which is the basis for the civil action". One party must have known about the recording. And the case can't be for divorce, separate maintenance or annulment.

This is a rule about evidence. It doesn't make the recording illegal.

A Richmond landlord call: not a crime, but maybe not usable

• Fine: You're in Richmond and you secretly record your call with a landlord. That isn't a crime, though you likely couldn't use it in a civil suit unless the landlord knew.
• Not fine: You hide a recorder to catch a private talk you aren't in, and no one in the talk agreed.

Penalties for illegal recording in Virginia

	What the law says
The crime	A felony under § 19.2-62(A)
Prison	1 to 5 years under § 18.2-10
Lesser option	The jury or court may instead give up to 12 months in jail, a fine up to $2,500, or both
Who can sue	A person whose communication was intercepted, disclosed or used in violation of Virginia's recording law, under § 19.2-69
Damages	At least $4,000. More if $400 a day, or your actual damages, comes to more
Protected talks	At least $8,000, and more if $800 a day or your actual damages come to more. This covers spouses, attorney and client, health practitioner and patient, licensed counselor or therapist and client, and clergy
Other money	Punitive damages, a reasonable attorney fee and litigation costs

Can a business record your call in Virginia?

Yes. Virginia's one-party rule lets a business record without telling the customer. But an announcement at the start helps in a civil dispute, and the law where the other person is may require consent.

If you run a business, tell your employees. Va. Code § 18.2-167.1 names customer calls. It bars a company from monitoring calls between its employee or agent and a customer, unless it "gives notice to such employee or agent that such monitoring may occur".

Breaking it is a misdemeanor, with a fine up to $250 under § 18.2-11. That law also says it doesn't apply to recording that Virginia's wiretap law allows. It's unclear how that fits with the one-party rule, so give the notice.

If you run a business, tell your customers. Under § 8.01-420.2, the parties' knowledge "shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded."

So a company that may want to use a recording in court should say that at the start. Don't say "may be recorded". Say "we record" instead, because it's a clearer warning. If you may need the recording in a Virginia civil case, change the script below to "this call is being recorded", the law's wording.

What if the other person is in another state?

A Virginia company that calls California customers may face California's Penal Code § 632, which requires everyone's consent. In Kearney v. Salomon Smith Barney, the state's top court said a business that gives notice "at the outset of a telephone call" wouldn't violate it.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule. An opening announcement that the call is being recorded also fits Virginia's evidence rule.

Running a call center or sales team in Virginia?

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

People in Virginia filed 57,867 fraud reports with the FTC in 2024 and reported about $293.7 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 Virginia?

A person on the call can generally record it in Virginia, 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 Consumer Protection, Office of the Attorney General of Virginia, 804-786-2042. 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 Virginia

CallTutor's analysis of 3,999 calls from Virginia area codes, August through October 2026, found a credit card number read out loud on 20.6% 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 Virginia. 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.

Virginia recording law FAQ

Is Virginia a one-party consent state?

Yes. Virginia lets a person on the call record it, or someone with one person's prior consent. That's the criminal rule, and a separate rule limits civil court use.

Is Virginia a two-party consent state?

Not for the crime. Virginia is one-party. But a civil court generally needs all parties to have known about a phone recording before admitting it.

In Virginia, can someone record me without telling me?

Yes, if they're on the call or someone on it agreed first. But they generally couldn't use that phone recording in a Virginia civil case unless all parties knew.

Can I use a recorded phone call in a Virginia civil case?

Generally only if all parties knew it was being recorded. A narrow exception covers admissions of criminal conduct behind the suit, and not in divorce cases.

How much can I sue for in Virginia?

At least $4,000, and more if $400 a day or your actual damages come to more. Virginia doubles those amounts for listed protected relationships, and allows punitive damages and fees.

Recording laws in nearby states

• DC phone recording laws (one-party)
• Kentucky phone recording laws (one-party)
• Maryland phone recording laws (two-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.