Missouri call recording law
Is Missouri a one-party consent state?
One-party consent
Yes, for phone calls. Missouri 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 (Mo. Rev. Stat. § 542.402).
Last checked October 13, 2026 · 14 quoted facts from official pages
Missouri at a glance
- Phone calls
- One-party consent
- In-person conversations
- A different rule (see below)
- Criminal penalty
- Class E felony: up to four years of imprisonment and a fine of up to $10,000 for an individual (up to $20,000 for a corporation convicted of a felony).
- Lawsuits
- A person whose wire communication is unlawfully intercepted, disclosed or used may recover actual damages but not less than $100 a day for each day of violation or $10,000, whichever is greater, plus punitive damages on a showing of a willful or intentional violation and a reasonable attorney's fee and litigation costs.
- Last checked
- October 13, 2026
The law
- Mo. Rev. Stat. § 542.402 (penalty for illegal wiretapping; permitted activities) (official source, opens in a new tab)
- Mo. Rev. Stat. § 542.400 (definitions) (official source, opens in a new tab)
- Mo. Rev. Stat. § 542.418 (civil cause of action) (official source, opens in a new tab)
- Mo. Rev. Stat. §§ 558.011, 558.002 (class E felony term; fines) (official source, opens in a new tab)
Penalties
- Criminal
- Class E felony: up to four years of imprisonment and a fine of up to $10,000 for an individual (up to $20,000 for a corporation convicted of a felony).
- Civil (lawsuits)
- A person whose wire communication is unlawfully intercepted, disclosed or used may recover actual damages but not less than $100 a day for each day of violation or $10,000, whichever is greater, plus punitive damages on a showing of a willful or intentional violation and a reasonable attorney's fee and litigation costs.
In-person conversations
For in-person (“oral”) conversations, the offense covers interception with a device that transmits by radio or interferes with the transmission of the conversation (§ 542.402).
What this means for a business that records calls
An official annotation to the statute notes that calls between a cell phone and a regular wire phone are wire communications under Missouri’s wiretap law (Lee v. Lee, 1998).
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 Missouri's law is a question for a lawyer licensed in Missouri.
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 wire (telephone) communication they are party to (one-party consent).
“For a person not acting under law to intercept a wire communication where such person is a party to the communication”
Source: revisor.mo.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.mo.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.mo.gov (official source, opens in a new tab) · read October 13, 2026
Knowingly intercepting a wire communication is a class E felony.
“a person is guilty of a class E felony and upon conviction shall be punished as provided by law”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
For in-person (oral) communications, the offense covers interception with a device that transmits by radio.
“to intercept any oral communication when such device transmits communications by radio or interferes with the transmission of such communication”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
An official annotation notes that cell-to-landline calls are wire communications under the wiretap law (Lee v. Lee, 1998).
“Communications between a cellular phone and a regular wire phone are wire communications within the purview of the wiretap law.”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
A class E felony carries a term not to exceed four years.
“For a class E felony, a term of years not to exceed four years”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
The fine for a class C, D, or E felony may not exceed $10,000.
“For a class C, D, or E felony, ten thousand dollars”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
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A corporation convicted of a felony may be fined up to $20,000.
“when imposed on a corporation for an offense defined in this code”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
The corporate felony fine limit is $20,000.
“For a felony, twenty thousand dollars”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
A person whose wire communication is unlawfully intercepted has a civil cause of action.
“Any person whose wire communication is intercepted, disclosed, or used in violation of sections 542.400 to 542.422 shall”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
Liquidated damages are at least $100 per day or $10,000, whichever is greater.
“not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation or ten thousand dollars”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages require a willful or intentional violation.
“Punitive damages on a showing of a willful or intentional violation of sections 542.400 to 542.422”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
Attorney's fees and litigation costs are recoverable.
“A reasonable attorney's fee and other litigation costs reasonably incurred.”
Source: revisor.mo.gov (official source, opens in a new tab) · read October 13, 2026
Missouri call recording questions
Is Missouri a one-party consent state?
Yes, for phone calls. Missouri 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 (Mo. Rev. Stat. § 542.402).
What is the penalty for recording a call illegally in Missouri?
Class E felony: up to four years of imprisonment and a fine of up to $10,000 for an individual (up to $20,000 for a corporation convicted of a felony).
What does Missouri's law say about lawsuits over recorded calls?
A person whose wire communication is unlawfully intercepted, disclosed or used may recover actual damages but not less than $100 a day for each day of violation or $10,000, whichever is greater, plus punitive damages on a showing of a willful or intentional violation and a reasonable attorney's fee and litigation costs.
Does Missouri use the same rule for in-person conversations?
For in-person (“oral”) conversations, the offense covers interception with a device that transmits by radio or interferes with the transmission of the conversation (§ 542.402).
What do Missouri's sources say about businesses that record calls?
An official annotation to the statute notes that calls between a cell phone and a regular wire phone are wire communications under Missouri’s wiretap law (Lee v. Lee, 1998).