Oregon call recording law

Is Oregon a one-party consent state?

One-party consent

Yes, for phone calls. In Oregon a person may not obtain a phone call they are not part of unless at least one participant consents (Or. Rev. Stat. § 165.540). For in-person conversations and video-conference calls, all participants must be specifically informed that the conversation is being recorded.

Last checked October 13, 2026 · 19 quoted facts from official pages

A headset on a desk in a timber office with misty evergreen forest and rain on the window

Oregon at a glance

Phone calls
One-party consent
The law
Or. Rev. Stat. § 165.540 (obtaining contents of communications) (official source, opens in a new tab)
In-person conversations
A different rule (see below)
Criminal penalty
A violation of ORS 165.540(1) is a Class A misdemeanor: up to 364 days in jail and a fine of up to $6,250 for an individual (up to $5,000 for a corporation).
Lawsuits
ORS 133.739 gives a civil claim for communications intercepted, disclosed or used in violation of ORS 133.724 or 133.737: actual damages, but not less than $100 a day for each day of violation or $1,000, whichever is greater, plus punitive damages and possible attorney fees.
Last checked
October 13, 2026

The law

The official pages this page relies on.

Penalties

As the statutes and courts state them.
Criminal
A violation of ORS 165.540(1) is a Class A misdemeanor: up to 364 days in jail and a fine of up to $6,250 for an individual (up to $5,000 for a corporation). Intercepting a wire or oral communication as a non-party without any party's consent is also a Class A misdemeanor under ORS 165.543.
Civil (lawsuits)
ORS 133.739 gives a civil claim for communications intercepted, disclosed or used in violation of ORS 133.724 or 133.737: actual damages, but not less than $100 a day for each day of violation or $1,000, whichever is greater, plus punitive damages and possible attorney fees.

In-person conversations

Oregon’s in-person rule applies to “conversations,” which include communications through a video conferencing program but not phone or radio calls. It does not apply to private meetings or conferences where all others involved knew or reasonably should have known that the recording was being made. The federal Ninth Circuit, sitting en banc, upheld the rule (Project Veritas v. Schmidt, 2025), and the U.S. Supreme Court denied review.

What this means for a business that records calls

Calls on wireless phones are “radio communications” under the statute, covered by the same one-party rule as other calls. Recordings made in violation of ORS 165.540 are not admissible in any Oregon court, except as evidence of the unlawful interception (ORS 41.910).

Notices and warnings: For in-person conversations and video-conference calls, Oregon requires that all participants be specifically informed that the conversation is being recorded (ORS 165.540).

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

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.

  • A person may not obtain a telephone or radio communication in which they are not a participant...

    “Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

  • ...unless at least one participant consents (one-party rule for phone calls).

    “unless consent is given by at least one participant.”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

  • Recording an in-person conversation requires that all participants be specifically informed.

    “any part of a conversation by means of any device ... if not all participants in the conversation are specifically informed”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

  • A 'conversation' excludes phone and radio communications but includes video-conference calls.

    “an oral communication which is not a telecommunication or a radio communication, and includes a communication occurring through a video conferencing program”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

  • Wireless (cellphone) calls are 'radio communications', which fall under the one-party rule.

    “Radio communication means the transmission by radio or other wireless methods of writing, signs, signals, pictures and sounds of all kinds”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

  • The in-person rule does not apply to private meetings where all knew or should have known of the recording (unconcealed device).

    “Private meetings or conferences if all others involved knew or reasonably should have known that the recording was being made.”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

  • Violating ORS 165.540(1) is a Class A misdemeanor.

    “Violation of subsection (1) or (2)(b) of this section is a Class A misdemeanor.”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

  • ORS 165.543 separately criminalizes interception by a non-party without any party's consent.

    “where such person is not a party to the communication and where none of the parties to the communication has given prior consent”

    Source: oregonlegislature.gov (official source, opens in a new tab) · read October 13, 2026

Show 11 more facts

Oregon call recording questions

Is Oregon a one-party consent state?

Yes, for phone calls. In Oregon a person may not obtain a phone call they are not part of unless at least one participant consents (Or. Rev. Stat. § 165.540). For in-person conversations and video-conference calls, all participants must be specifically informed that the conversation is being recorded.

What is the penalty for recording a call illegally in Oregon?

A violation of ORS 165.540(1) is a Class A misdemeanor: up to 364 days in jail and a fine of up to $6,250 for an individual (up to $5,000 for a corporation). Intercepting a wire or oral communication as a non-party without any party's consent is also a Class A misdemeanor under ORS 165.543.

What does Oregon's law say about lawsuits over recorded calls?

ORS 133.739 gives a civil claim for communications intercepted, disclosed or used in violation of ORS 133.724 or 133.737: actual damages, but not less than $100 a day for each day of violation or $1,000, whichever is greater, plus punitive damages and possible attorney fees.

Does Oregon use the same rule for in-person conversations?

Oregon’s in-person rule applies to “conversations,” which include communications through a video conferencing program but not phone or radio calls. It does not apply to private meetings or conferences where all others involved knew or reasonably should have known that the recording was being made. The federal Ninth Circuit, sitting en banc, upheld the rule (Project Veritas v. Schmidt, 2025), and the U.S. Supreme Court denied review.

What do Oregon's sources say about businesses that record calls?

Calls on wireless phones are “radio communications” under the statute, covered by the same one-party rule as other calls. Recordings made in violation of ORS 165.540 are not admissible in any Oregon court, except as evidence of the unlawful interception (ORS 41.910).

Call recording laws in other states

All 50 states and DC in one table

This guide summarizes the official pages linked next to each fact. Laws change and courts read them in different ways, so check the source and ask a lawyer licensed in the state about your own calls. This is not legal advice.

Last checked October 13, 2026.