Arkansas call recording law
Is Arkansas a one-party consent state?
One-party consent
Yes. Arkansas is a one-party consent state. The Arkansas Supreme Court describes Ark. Code Ann. § 5-60-120 as barring the recording of a phone call unless the person recording is a party to it or one of the parties gave prior consent (King v. State, 2019).
Last checked October 13, 2026 · 4 quoted facts from official pages
Arkansas at a glance
- Phone calls
- One-party consent
- Criminal penalty
- A violation is a Class A misdemeanor, as the Arkansas Supreme Court quoted the statute in Lewis v. State (1999).
- Last checked
- October 13, 2026
Penalties
- Criminal
- A violation is a Class A misdemeanor, as the Arkansas Supreme Court quoted the statute in Lewis v. State (1999).
What this means for a business that records calls
The Arkansas Supreme Court has said the statute makes an unlawful recording illegal but does not bar its use as evidence (King v. State, 2019).
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Arkansas's law is a question for a lawyer licensed in Arkansas.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
The Arkansas Supreme Court describes § 5-60-120 as prohibiting interception and recording of a telephone conversation unless the recorder is a party to it.
“prohibits a person from intercepting and recording a telephone conversation between two parties unless that person is a party to the communication”
Source: opinions.arcourts.gov (official source, opens in a new tab) · read October 13, 2026
Recording is also lawful when one of the parties has given prior consent (one-party consent).
“or one of the parties has given prior consent to such interception and recording”
Source: opinions.arcourts.gov (official source, opens in a new tab) · read October 13, 2026
An unlawful private recording is not automatically excluded as evidence; the statute makes the recording unlawful but does not bar its admissibility (King, quoting Elliott v. State, 1998).
“does not proscribe the admissibility of an unlawful recording”
Source: opinions.arcourts.gov (official source, opens in a new tab) · read October 13, 2026
A violation of § 5-60-120 is a Class A misdemeanor (as quoted from the 1997 replacement volume in Lewis v. State, 1999).
“A violation of the provision is a Class A misdemeanor.”
Source: opinions.arcourts.gov (official source, opens in a new tab) · read October 13, 2026
Arkansas call recording questions
Is Arkansas a one-party consent state?
Yes. Arkansas is a one-party consent state. The Arkansas Supreme Court describes Ark. Code Ann. § 5-60-120 as barring the recording of a phone call unless the person recording is a party to it or one of the parties gave prior consent (King v. State, 2019).
What is the penalty for recording a call illegally in Arkansas?
A violation is a Class A misdemeanor, as the Arkansas Supreme Court quoted the statute in Lewis v. State (1999).
What do Arkansas's sources say about businesses that record calls?
The Arkansas Supreme Court has said the statute makes an unlawful recording illegal but does not bar its use as evidence (King v. State, 2019).