Utah call recording law
Is Utah a one-party consent state?
One-party consent
Yes. Utah 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 in violation of state or federal law (Utah Code § 77-23a-4).
Last checked October 13, 2026 · 11 quoted facts from official pages
Utah at a glance
- Phone calls
- One-party consent
- Criminal penalty
- Unlawful interception is a third degree felony: a prison term not to exceed five years and a fine of up to $5,000 for an individual.
- Lawsuits
- A person whose communication was unlawfully intercepted may recover the greater of actual damages plus the violator's profits, or statutory damages of $100 per day of violation or $10,000 (whichever is greater), plus punitive damages in appropriate cases and a reasonable attorney's fee and litigation costs.
- Last checked
- October 13, 2026
The law
- Utah Code § 77-23a-4 (offenses; lawful interception) (official source, opens in a new tab)
- Utah Code § 77-23a-11 (civil remedy) (official source, opens in a new tab)
- Utah Code § 76-3-203 (felony prison terms) (official source, opens in a new tab)
- Utah Code § 76-3-301 (fines of individuals) (official source, opens in a new tab)
Penalties
- Criminal
- Unlawful interception is a third degree felony: a prison term not to exceed five years and a fine of up to $5,000 for an individual.
- Civil (lawsuits)
- A person whose communication was unlawfully intercepted may recover the greater of actual damages plus the violator's profits, or statutory damages of $100 per day of violation or $10,000 (whichever is greater), plus punitive damages in appropriate cases and a reasonable attorney's fee and litigation costs.
What this means for a business that records calls
Providers of wire communications service to the public may not use service observing or random monitoring except for mechanical or service quality control checks (§ 77-23a-4).
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 Utah's law is a question for a lawyer licensed in Utah.
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, or has one party's prior consent, may intercept a communication.
“A person not acting under color of law may intercept a wire, electronic, or oral communication if that person is a party to the communication”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
The exception also covers one party's prior consent.
“or one of the parties to the communication has given prior consent to the interception”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
The exception does not apply to interception for a criminal or tortious purpose.
“unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of state or federal laws.”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
Intentionally or knowingly intercepting a communication is a violation.
“intentionally or knowingly intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic, or oral communication;”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
A violation is a third degree felony (with limited radio-communication exceptions).
“Except under Subsection (10)(b) or (11), a violation of Subsection (1) is a third degree felony.”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
Public wire service providers may not use service observing or random monitoring except for quality control checks.
“a provider of wire communications service to the public may not utilize service observing or random monitoring except for mechanical or service quality control checks.”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
Third degree felony prison term: up to five years.
“In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years.”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
Third degree felony fine for an individual: up to $5,000.
“$5,000 for a felony conviction of the third degree;”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
Show 3 more facts
Civil statutory damages: $100 per day or $10,000, whichever is greater.
“statutory damages of $100 a day for each day of violation, or $10,000, whichever is greater.”
Source: le.utah.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 the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violations;”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages and attorney's fees are also available.
“punitive damages in appropriate cases; and (c) a reasonable attorney's fee and reasonably incurred litigation costs.”
Source: le.utah.gov (official source, opens in a new tab) · read October 13, 2026
Utah call recording questions
Is Utah a one-party consent state?
Yes. Utah 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 in violation of state or federal law (Utah Code § 77-23a-4).
What is the penalty for recording a call illegally in Utah?
Unlawful interception is a third degree felony: a prison term not to exceed five years and a fine of up to $5,000 for an individual.
What does Utah's law say about lawsuits over recorded calls?
A person whose communication was unlawfully intercepted may recover the greater of actual damages plus the violator's profits, or statutory damages of $100 per day of violation or $10,000 (whichever is greater), plus punitive damages in appropriate cases and a reasonable attorney's fee and litigation costs.
What do Utah's sources say about businesses that record calls?
Providers of wire communications service to the public may not use service observing or random monitoring except for mechanical or service quality control checks (§ 77-23a-4).