Minnesota call recording law
Is Minnesota a one-party consent state?
One-party consent
Yes. Minnesota is a one-party consent state. A person who is a party to a call, or who has one party’s prior consent, may record it unless the call is recorded to commit a criminal or tortious act (Minn. Stat. § 626A.02).
Last checked October 13, 2026 · 11 quoted facts from official pages
Minnesota at a glance
- Phone calls
- One-party consent
- Criminal penalty
- A fine of up to $20,000, imprisonment of up to five years, or both (lower penalties apply only to certain first offenses involving unscrambled radio communications).
- Lawsuits
- The greater of three times actual damages plus the violator's profits, or statutory damages of the greater of $100 a day for each day of violation or $10,000; plus punitive damages in appropriate cases, equitable relief, and a reasonable attorney's fee and litigation costs.
- Last checked
- October 13, 2026
The law
Penalties
- Criminal
- A fine of up to $20,000, imprisonment of up to five years, or both (lower penalties apply only to certain first offenses involving unscrambled radio communications).
- Civil (lawsuits)
- The greater of three times actual damages plus the violator's profits, or statutory damages of the greater of $100 a day for each day of violation or $10,000; plus punitive damages in appropriate cases, equitable relief, and a reasonable attorney's fee and litigation costs. Suit must begin within two years after the claimant first has a reasonable opportunity to discover the violation.
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 Minnesota's law is a question for a lawyer licensed in Minnesota.
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
It is not unlawful for a private person to intercept a call they are party to (one-party consent).
“for a person not acting under color of law to intercept a wire, electronic, or oral communication where such person is a party”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
Prior consent of one party also suffices.
“or where one of the parties to the communication has given prior consent to such interception”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
The exception does not apply to interceptions for a criminal or tortious purpose.
“unless such communication is intercepted for the purpose of committing any criminal or tortious act”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
A violation is punishable by a fine of up to $20,000, up to five years, or both.
“whoever violates subdivision 1 shall be fined not more than $20,000 or imprisoned not more than five years, or both”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
Lower penalties apply only to certain first offenses involving radio communications that are not scrambled or encrypted.
“is a radio communication that is not scrambled or encrypted”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
A person whose communication is unlawfully intercepted, disclosed or used may bring a civil action.
“may in a civil action recover from the person or entity that engaged in that violation relief as may be appropriate”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
Damages are the greater of treble actual damages plus profits, or statutory damages.
“the sum of three times the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
Statutory damages are the greater of $100 per day of violation or $10,000.
“statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
Show 3 more facts
Punitive damages and attorney's fees are available.
“damages under subdivision 3 and punitive damages in appropriate cases; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
Equitable relief is available.
“temporary and other equitable or declaratory relief as may be appropriate”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
The civil action must begin within two years after the claimant first has a reasonable opportunity to discover the violation.
“may not be begun later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation”
Source: revisor.mn.gov (official source, opens in a new tab) · read October 13, 2026
Minnesota call recording questions
Is Minnesota a one-party consent state?
Yes. Minnesota is a one-party consent state. A person who is a party to a call, or who has one party’s prior consent, may record it unless the call is recorded to commit a criminal or tortious act (Minn. Stat. § 626A.02).
What is the penalty for recording a call illegally in Minnesota?
A fine of up to $20,000, imprisonment of up to five years, or both (lower penalties apply only to certain first offenses involving unscrambled radio communications).
What does Minnesota's law say about lawsuits over recorded calls?
The greater of three times actual damages plus the violator's profits, or statutory damages of the greater of $100 a day for each day of violation or $10,000; plus punitive damages in appropriate cases, equitable relief, and a reasonable attorney's fee and litigation costs. Suit must begin within two years after the claimant first has a reasonable opportunity to discover the violation.