Ohio call recording law
Is Ohio a one-party consent state?
One-party consent
Yes. Ohio 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 offense or tortious act (Ohio Rev. Code § 2933.52).
Last checked October 13, 2026 · 12 quoted facts from official pages
Ohio at a glance
- Phone calls
- One-party consent
- Criminal penalty
- Unlawful interception is a felony of the fourth degree: a definite prison term of 6 to 18 months and a fine of up to $5,000 for an individual; an organization can be fined up to $10,000.
- Lawsuits
- The person whose communication was intercepted may recover the greater of liquidated damages ($200 per day of violation or $10,000, whichever is greater) or actual damages plus the violator's profits, plus punitive damages where appropriate and reasonable attorney's fees and litigation expenses.
- Last checked
- October 13, 2026
The law
- Ohio Rev. Code § 2933.52 (interception of wire, oral or electronic communications) (official source, opens in a new tab)
- Ohio Rev. Code § 2933.65 (civil action) (official source, opens in a new tab)
- Ohio Rev. Code § 2929.14 (prison terms) (official source, opens in a new tab)
- Ohio Rev. Code § 2929.18 (financial sanctions) (official source, opens in a new tab)
- Ohio Rev. Code § 2929.31 (fines for organizations) (official source, opens in a new tab)
Penalties
- Criminal
- Unlawful interception is a felony of the fourth degree: a definite prison term of 6 to 18 months and a fine of up to $5,000 for an individual; an organization can be fined up to $10,000.
- Civil (lawsuits)
- The person whose communication was intercepted may recover the greater of liquidated damages ($200 per day of violation or $10,000, whichever is greater) or actual damages plus the violator's profits, plus punitive damages where appropriate and reasonable attorney's fees and litigation expenses. Suit must be filed within two years of a reasonable opportunity to discover the violation.
What this means for a business that records calls
Providers of wire or electronic communication service to the public may not use service observing or random monitoring except for mechanical or service quality control checks (§ 2933.52).
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 Ohio's law is a question for a lawyer licensed in Ohio.
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
Purposely intercepting a wire, oral or electronic communication is prohibited unless an exception applies.
“No person purposely shall do any of the following: (1) Intercept, attempt to intercept, or procure another person to intercept”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
A non-law-enforcement person who is a party, or has one party's prior consent, is exempt.
“if the person is a party to the communication or if one of the parties to the communication has given the person prior consent”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
The exemption does not cover interception to commit a criminal offense, tort or other injurious act.
“if the communication is not intercepted for the purpose of committing a criminal offense or tortious act”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Public communication service providers may not use service observing or random monitoring except for quality control checks.
“shall not utilize service observing or random monitoring except for mechanical or service quality control checks;”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
A violation is a felony of the fourth degree.
“Whoever violates this section is guilty of interception of wire, oral, or electronic communications, a felony of the fourth degree.”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Fourth-degree felony prison term: a definite term of 6 to 18 months.
“For a felony of the fourth degree, the prison term shall be a definite term of six ... or eighteen months.”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Fourth-degree felony fine for an individual: up to $5,000.
“For a felony of the fourth degree, not more than five thousand dollars;”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Fourth-degree felony fine for an organization: up to $10,000.
“For a felony of the fourth degree, not more than ten thousand dollars;”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Show 4 more facts
Civil liquidated damages: $200 per day or $10,000, whichever is greater.
“Liquidated damages computed at a rate of two hundred dollars per day for each day of violation or liquidated damages of ten thousand dollars”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Alternatively, actual damages plus the violator's profits, whichever measure is greater.
“The sum of actual damages suffered by the plaintiff and the profits, if any, made as a result of the violation”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages and attorney's fees are also available.
“Punitive damages, if appropriate; (4) Reasonable attorney's fees and other litigation expenses that are reasonably incurred”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Two-year limitations period from a reasonable opportunity to discover the violation.
“shall commence the civil action within two years after the date on which the claimant first has a reasonable opportunity to discover the violation.”
Source: codes.ohio.gov (official source, opens in a new tab) · read October 13, 2026
Ohio call recording questions
Is Ohio a one-party consent state?
Yes. Ohio 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 offense or tortious act (Ohio Rev. Code § 2933.52).
What is the penalty for recording a call illegally in Ohio?
Unlawful interception is a felony of the fourth degree: a definite prison term of 6 to 18 months and a fine of up to $5,000 for an individual; an organization can be fined up to $10,000.
What does Ohio's law say about lawsuits over recorded calls?
The person whose communication was intercepted may recover the greater of liquidated damages ($200 per day of violation or $10,000, whichever is greater) or actual damages plus the violator's profits, plus punitive damages where appropriate and reasonable attorney's fees and litigation expenses. Suit must be filed within two years of a reasonable opportunity to discover the violation.
What do Ohio's sources say about businesses that record calls?
Providers of wire or electronic communication service to the public may not use service observing or random monitoring except for mechanical or service quality control checks (§ 2933.52).