Indiana call recording law

Is Indiana a one-party consent state?

One-party consent

Yes. Indiana is a one-party consent state. Its law defines interception as recording a communication by someone other than the sender or receiver, without the consent of the sender or receiver (Ind. Code § 35-31.5-2-176).

Last checked October 13, 2026 · 10 quoted facts from official pages

Indiana at a glance

Phone calls: One-party consent
The law: Ind. Code § 35-31.5-2-176 (definition of interception) (official source, opens in a new tab)
Criminal penalty: Unlawful interception is a Level 5 felony: a fixed term of 1 to 6 years (advisory 3 years) and a fine of up to $10,000.
Lawsuits: A person whose communication is unlawfully intercepted, disclosed or used may recover the greater of actual damages, $100 for each day of violation, or $1,000, plus court costs, punitive damages when appropriate, and reasonable attorney's fees.
Last checked: October 13, 2026

The law

The official pages this page relies on.

Penalties

As the statutes and courts state them.

Criminal: Unlawful interception is a Level 5 felony: a fixed term of 1 to 6 years (advisory 3 years) and a fine of up to $10,000.
Civil (lawsuits): A person whose communication is unlawfully intercepted, disclosed or used may recover the greater of actual damages, $100 for each day of violation, or $1,000, plus court costs, punitive damages when appropriate, and reasonable attorney's fees. The action must be brought within two years.

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 Indiana's law is a question for a lawyer licensed in Indiana.

Recording notices on CallFlux numbers

CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.

How CallFlux call tracking works

What the official sources say

Each line is a short quote from the official page it links to, with the date we read it.

Interception means recording a communication by someone other than the sender or receiver, without the consent of the sender or receiver (one-party consent).
“by a person other than a sender or receiver of that communication, without the consent of the sender or receiver”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
The definition covers the intentional recording or acquisition of the contents of an electronic communication.
“the intentional recording or acquisition of the contents of an electronic communication”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
An electronic communication includes oral communication transmitted by wire or radio, which covers phone calls.
“data, oral communication, digital information, or intelligence of any nature transmitted in whole or in part by a wire”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
Knowingly or intentionally intercepting a communication in violation of the article is unlawful interception, a Level 5 felony.
“A person who knowingly or intentionally intercepts a communication in violation of this article commits unlawful interception, a Level 5 felony.”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
A Level 5 felony carries a fixed term of 1 to 6 years, advisory 3 years.
“shall be imprisoned for a fixed term of between one (1) and six (6) years, with the advisory sentence being three (3) years”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
A Level 5 felony may also carry a fine of up to $10,000.
“In addition, the person may be fined not more than ten thousand dollars ($10,000).”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
A person whose communications are unlawfully intercepted, disclosed, or used has a civil cause of action.
“has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
Recovery is the greater of actual damages, $100 per day of violation, or $1,000.
“liquidated damages computed at a rate of one hundred dollars ($100) each day for each day of violation; or (iii) one thousand dollars ($1,000)”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026

Show 2 more facts

Court costs, punitive damages and attorney's fees are recoverable.
“Court costs (including fees). (C) Punitive damages, when determined to be appropriate by the court. (D) Reasonable attorney's fees.”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026
The civil action must be brought within two years.
“An action under this section must be brought within two (2) years after the date that the interception, disclosure, or use”
Source: iga.in.gov (official source, opens in a new tab) · read October 13, 2026

Indiana call recording questions