Tennessee call recording law
Is Tennessee a one-party consent state?
One-party consent
Yes. Tennessee is a one-party consent state. As quoted by the Tennessee Court of Appeals, state law makes it lawful for a person who is a party to a call, or who has one party’s prior consent, to record it, unless the purpose is a criminal or tortious act (Tenn. Code Ann. § 39-13-601).
Last checked October 14, 2026 · 11 quoted facts from official pages
Tennessee at a glance
- Phone calls
- One-party consent
- Criminal penalty
- Intentionally intercepting a wire, oral or electronic communication is an offense, punished as provided in § 39-13-602 (as quoted by the Court of Appeals).
- Lawsuits
- In 2024, Public Chapter 1045 deleted § 39-13-603, the section under which a person could sue over an unlawful interception.
- Last checked
- October 14, 2026
The law
- Tenn. Code Ann. § 39-13-601 (as quoted in Lawrence v. Lawrence, Tenn. Ct. App. No. E2010-00395-COA-R3-CV, Nov. 29, 2010) (official source, opens in a new tab)
- 2024 Tenn. Pub. Acts, ch. 1045 (Senate Bill 2221), deleting § 39-13-603 and amending § 39-13-601 (d) (official source, opens in a new tab)
- Senate Bill 2221 (2024), bill history: Public Chapter 1045 and its effective dates (official source, opens in a new tab)
Penalties
- Criminal
- Intentionally intercepting a wire, oral or electronic communication is an offense, punished as provided in § 39-13-602 (as quoted by the Court of Appeals).
- Civil (lawsuits)
- In 2024, Public Chapter 1045 deleted § 39-13-603, the section under which a person could sue over an unlawful interception.
What this means for a business that records calls
A 2024 amendment, which says it clarifies existing law, provides that § 39-13-601 does not restrict a business from choosing its vendors and disclosing communications to them, by interception or otherwise, in the normal course of business. It also does not restrict the technology a business uses on its website or mobile applications, such as cookies and pixels provided by vendors.
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 Tennessee's law is a question for a lawyer licensed in Tennessee.
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 lawful for a private person who is a party to the communication to intercept it.
“It is lawful ... for a person not acting under color of law to intercept ... where the person is a party to the communication”
Source: tncourts.gov (official source, opens in a new tab) · read October 13, 2026
It is also lawful when one party has given prior consent.
“or where one of the parties to the communication has given prior consent to the interception”
Source: tncourts.gov (official source, opens in a new tab) · read October 13, 2026
The exception does not cover interception for a criminal or tortious purpose.
“unless the communication is intercepted for the purpose of committing any criminal or tortious act”
Source: tncourts.gov (official source, opens in a new tab) · read October 13, 2026
Intentionally intercepting a wire, oral or electronic communication is an offense.
“a person commits an offense who: (A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept”
Source: tncourts.gov (official source, opens in a new tab) · read October 13, 2026
As quoted in 2010, the statute said a violation is punished under § 39-13-602 and is subject to suit under § 39-13-603, the section deleted in 2024.
“A violation of subdivision (a)(1) shall be punished as provided in § 39-13-602 and shall be subject to suit as provided in § 39-13-603.”
Source: tncourts.gov (official source, opens in a new tab) · read October 13, 2026
Public Chapter 1045 (2024) deleted § 39-13-603 in its entirety.
“Tennessee Code Annotated, Section 39-13-603, is amended by deleting the section in its entirety.”
Source: publications.tnsosfiles.com (official source, opens in a new tab) · read October 14, 2026
The deletion took effect when the act became law.
“Sections 2 and 3 of this act take effect upon becoming a law, the public welfare requiring it.”
Source: publications.tnsosfiles.com (official source, opens in a new tab) · read October 14, 2026
The General Assembly's bill history lists the act's effective dates as May 28, 2024 and July 1, 2024.
“Effective date(s) 05/28/2024, 07/01/2024”
Source: wapp.capitol.tn.gov (official source, opens in a new tab) · read October 14, 2026
Show 3 more facts
The 2024 amendment to § 39-13-601 presents its new subsection as a clarification of existing law.
“To clarify existing law, this section does not:”
Source: publications.tnsosfiles.com (official source, opens in a new tab) · read October 14, 2026
It says the section does not restrict a business from choosing vendors and disclosing communications to them in the normal course of business.
“Restrict a business from selecting the business's vendors and disclosing communications to those vendors, by interception or otherwise, in the normal course of business”
Source: publications.tnsosfiles.com (official source, opens in a new tab) · read October 14, 2026
It also says the section does not restrict the technology a business uses on its website or mobile applications, such as cookies and pixels.
“Restrict the technology that a business can use on the business's website or mobile applications, including, but not limited to, cookies and pixels provided by vendors.”
Source: publications.tnsosfiles.com (official source, opens in a new tab) · read October 14, 2026
Tennessee call recording questions
Is Tennessee a one-party consent state?
Yes. Tennessee is a one-party consent state. As quoted by the Tennessee Court of Appeals, state law makes it lawful for a person who is a party to a call, or who has one party’s prior consent, to record it, unless the purpose is a criminal or tortious act (Tenn. Code Ann. § 39-13-601).
What is the penalty for recording a call illegally in Tennessee?
Intentionally intercepting a wire, oral or electronic communication is an offense, punished as provided in § 39-13-602 (as quoted by the Court of Appeals).
What does Tennessee's law say about lawsuits over recorded calls?
In 2024, Public Chapter 1045 deleted § 39-13-603, the section under which a person could sue over an unlawful interception.
What do Tennessee's sources say about businesses that record calls?
A 2024 amendment, which says it clarifies existing law, provides that § 39-13-601 does not restrict a business from choosing its vendors and disclosing communications to them, by interception or otherwise, in the normal course of business. It also does not restrict the technology a business uses on its website or mobile applications, such as cookies and pixels provided by vendors.