Mississippi call recording law
Is Mississippi a one-party consent state?
One-party consent
Yes. Mississippi is a one-party consent state. As quoted by the Mississippi Court of Appeals, state law lets a person who is a party to a call, or who has one party’s prior consent, record it unless the purpose is a criminal, tortious or other injurious act (Miss. Code Ann. § 41-29-531).
Last checked October 13, 2026 · 7 quoted facts from official pages
Mississippi at a glance
- Phone calls
- One-party consent
- Lawsuits
- A person whose communication is unlawfully intercepted, disclosed or used may recover 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 (§ 41-29-529, as quoted by the Court of Appeals).
- Last checked
- October 13, 2026
The law
- Miss. Code Ann. § 41-29-531(e) (Rev. 2018) (party/one-party-consent exception), as quoted in Pope v. Martin (official source, opens in a new tab)
- Miss. Code Ann. § 41-29-529 (Rev. 2018) (civil cause of action), as quoted in Pope v. Martin (official source, opens in a new tab)
- Pope v. Martin, No. 2021-CA-00367-COA (Miss. Ct. App. Jan. 10, 2023) (official source, opens in a new tab)
Penalties
- Civil (lawsuits)
- A person whose communication is unlawfully intercepted, disclosed or used may recover 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 (§ 41-29-529, as quoted by the Court of Appeals).
What this means for a business that records calls
The Mississippi Supreme Court has described the state wiretap prohibition as almost identical to the federal statute (Wright v. Stanley, 1997, as quoted in Pope v. Martin).
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 Mississippi's law is a question for a lawyer licensed in Mississippi.
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
A private person who is a party to a communication may intercept it (one-party consent), per § 41-29-531(e) as quoted by the Mississippi Court of Appeals.
“not acting under color of law who intercepts a wire, oral or other communication if the person is a party to the communication”
Source: courts.ms.gov (official source, opens in a new tab) · read October 13, 2026
Prior consent of one party also suffices.
“or if one (1) of the parties to the communication has given prior consent to the interception”
Source: courts.ms.gov (official source, opens in a new tab) · read October 13, 2026
The exception does not cover interceptions for a criminal, tortious or other injurious purpose.
“unless the communication is intercepted for the purpose of committing any ... criminal or tortious [or any other injurious] act”
Source: courts.ms.gov (official source, opens in a new tab) · read October 13, 2026
The Mississippi Supreme Court has described the state wiretap prohibition as almost identical to the federal statute (Wright v. Stanley, 1997, quoted in Pope v. Martin).
“The Mississippi wiretap prohibition is almost identical to the federal statute.”
Source: courts.ms.gov (official source, opens in a new tab) · read October 13, 2026
A person whose communication is unlawfully intercepted, disclosed or used has a civil cause of action.
“is intercepted, disclosed or used in violation of this article shall have a civil cause of action”
Source: courts.ms.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.
“computed at a rate of One Hundred Dollars ($100.00) a day for each day of violation or One Thousand Dollars ($1,000.00), whichever is higher”
Source: courts.ms.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: courts.ms.gov (official source, opens in a new tab) · read October 13, 2026
Mississippi call recording questions
Is Mississippi a one-party consent state?
Yes. Mississippi is a one-party consent state. As quoted by the Mississippi Court of Appeals, state law lets a person who is a party to a call, or who has one party’s prior consent, record it unless the purpose is a criminal, tortious or other injurious act (Miss. Code Ann. § 41-29-531).
What does Mississippi's law say about lawsuits over recorded calls?
A person whose communication is unlawfully intercepted, disclosed or used may recover 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 (§ 41-29-529, as quoted by the Court of Appeals).
What do Mississippi's sources say about businesses that record calls?
The Mississippi Supreme Court has described the state wiretap prohibition as almost identical to the federal statute (Wright v. Stanley, 1997, as quoted in Pope v. Martin).