Wisconsin Phone Recording Laws: One-Party Consent

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

Wisconsin has two rules to keep apart. The recording is legal with one person's consent, so it isn't a two-party state. But in a civil case, that recording may not be usable.

The recording itself. Wis. Stat. § 968.31(2)(c) exempts a private person "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 or in the conversation.

The exception ends if the purpose is a crime, a wrong someone could sue over, or "any other injurious act." It's unclear how far that last phrase reaches, so don't record to hurt someone, even if no crime is involved. The rule covers calls and in-person talks.

Using it in civil court. Wis. Stat. § 885.365 is the evidence rule. Evidence from recording phone calls, "by way of interception of a communication or in any other manner, shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28 to 968.37."

The rule makes an exception in two cases:

• The recording isn't made by interception, and the person "is informed at that time that the conversation is being recorded and that any evidence thereby obtained may be used in a court of law".
• The recording uses a connector from the phone company that makes "a distinctive recorder tone" repeated about every 15 seconds.

This doesn't make the recording a crime. It only limits what a civil court will hear. One part isn't settled: how the rule's wording applies to a lawful one-party recording. The State Bar of Wisconsin's ethics opinion EF-24-01 reads the rule as a general civil bar, so plan as if a secret recording won't come in.

A Madison landlord call: lawful, but maybe not usable

• Fine: You're in Madison and you record your own call with a landlord. That's lawful, though it may not come in if you later sue.
• Not fine: You put a recorder on someone else's call, and neither person on it agreed.

Penalties for illegal recording in Wisconsin

	What the law says
The crime	A felony under § 968.31(1)
Prison	Up to 6 years under § 939.50(3)(h)
Fine	Up to $10,000, or both prison and a fine
Who can sue	A person whose communication was intercepted, disclosed or used in violation of Wisconsin's recording law
Damages	At least $1,000. More if $100 a day, or your actual damages, comes to more, under § 968.31(2m)
Other money	Punitive damages, a reasonable attorney's fee and litigation costs

Wisconsin court cases

For most people, these rulings confirm two things: taping your own call is lawful, and a talk with no reasonable privacy may not be protected at all.

• State v. Waste Management of Wisconsin, Inc. (1978). The state Supreme Court reaffirmed that taping your own call is lawful. A witness taped his own calls, which isn't a typical business call. The court also treated whether a recording is lawful and whether a tape comes into court as separate questions.
• State v. Duchow (2008). Statements recorded on a school bus weren't protected, because the speaker had no reasonable expectation of privacy. That isn't a typical business call.

Can a business record your call in Wisconsin?

Yes. A Wisconsin business can record its own calls without announcing it under the one-party rule.

If you run a business: Announce the recording at the start of the call, because the law where the other person is may require consent. If you may need the recording in a civil dispute, the notice has to say more.

A plain "this call is being recorded" may fall short here. The exception asks that the person be told about the recording and "that any evidence thereby obtained may be used in a court of law".

The other way in is the phone company's recorder tone. So a customer call recording could be lawful and still not come in. The script below doesn't mention court use, so add that if you may need the recording in a Wisconsin civil case. It's unclear how this rule applies to a business call, so follow this cautious reading.

If you're the customer: Staying on the line after a notice can count as consent under federal law. A federal appeals court found that where someone had been warned repeatedly (Griggs-Ryan v. Smith). It doesn't tell you how a Wisconsin court would treat the evidence rule.

What if the other person is in another state?

A call from Wisconsin into California can bring in California's Penal Code § 632. California's top court also held that being on a cell or cordless call doesn't let you record it without everyone's consent (Smith v. LoanMe).

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 Wisconsin?

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

People in Wisconsin filed 30,287 fraud reports with the FTC in 2024 and reported about $106.0 million lost, with a median loss of $357. 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 Wisconsin?

A person on the call can generally record it in Wisconsin, 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 Bureau of Consumer Protection, Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), (800) 422-7128. 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 Wisconsin

CallTutor's analysis of 3,209 calls from Wisconsin area codes, August through October 2026, found a credit card number read out loud on 19.7% 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 Wisconsin. 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.

Wisconsin recording law FAQ

Is Wisconsin a one-party consent state?

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

Is Wisconsin a two-party consent state?

No. Wisconsin makes recording lawful with one person's consent. The limit on using a recording in a civil case is a separate evidence rule.

In Wisconsin, can someone record me without telling me?

Yes, if they're on the call or someone on it agreed first, and the purpose is lawful. That recording generally couldn't be used in a Wisconsin civil case.

Can I use a recorded call in a Wisconsin civil case?

Generally not, unless you told the person about the recording and possible court use, or used a phone company's recorder tone. Wisconsin's rule on this has an unsettled part.

How much can I sue for in Wisconsin?

At least $1,000, and more if $100 a day or your actual damages come to more. Wisconsin also allows punitive damages and attorney's fees.

Recording laws in nearby states

• Illinois phone recording laws (two-party)
• Iowa phone recording laws (one-party)
• Michigan phone recording laws (depends)
• Minnesota 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.