Idaho call recording law
Is Idaho a one-party consent state?
One-party consent
Yes. Idaho is a one-party consent state. It is lawful to intercept a call when one of the parties to it has given prior consent, but never to intercept a communication to commit a criminal act (Idaho Code § 18-6702).
Last checked October 13, 2026 · 8 quoted facts from official pages
Idaho at a glance
- Phone calls
- One-party consent
- Criminal penalty
- Felony: up to five years in state prison, a fine of up to $5,000, or both.
- Lawsuits
- Actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee and litigation costs.
- Last checked
- October 13, 2026
Penalties
- Criminal
- Felony: up to five years in state prison, a fine of up to $5,000, or both.
- Civil (lawsuits)
- Actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee and litigation costs.
What this means for a business that records calls
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 Idaho's law is a question for a lawyer licensed in Idaho.
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
Interception is lawful when one party to the communication has given prior consent (one-party consent).
“It is lawful under this chapter for a person to intercept a wire, electronic or oral communication when one (1) of the parties”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
The consent must be given before the interception.
“to the communication has given prior consent to such interception”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
Interception for the purpose of committing a criminal act is unlawful regardless of consent.
“It is unlawful to intercept any communication for the purpose of committing any criminal act.”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
Unlawful interception is a felony punishable by up to five years, a $5,000 fine, or both.
“imprisonment in the state prison for a term not to exceed five (5) years or by a fine not to exceed five thousand dollars ($5,000)”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
The offense is classified as a felony.
“any person shall be guilty of a felony”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
Civil liquidated damages are at least $100 a day or $1,000, whichever is higher.
“not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
The alternative minimum is $1,000, whichever is higher.
“or one thousand dollars ($1,000), whichever is higher”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages and attorney's fees are recoverable.
“Punitive damages; and (c) A reasonable attorney’s fee and other litigation costs reasonably incurred.”
Source: legislature.idaho.gov (official source, opens in a new tab) · read October 13, 2026
Idaho call recording questions
Is Idaho a one-party consent state?
Yes. Idaho is a one-party consent state. It is lawful to intercept a call when one of the parties to it has given prior consent, but never to intercept a communication to commit a criminal act (Idaho Code § 18-6702).
What is the penalty for recording a call illegally in Idaho?
Felony: up to five years in state prison, a fine of up to $5,000, or both.
What does Idaho's law say about lawsuits over recorded calls?
Actual damages but not less than $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee and litigation costs.