Virginia call recording law
Is Virginia a one-party consent state?
One-party consent
Yes. Virginia is a one-party consent state. It is not a criminal offense under Virginia’s wiretap law for a person to record a call they are a party to, or one where a party has given prior consent (Va. Code Ann. § 19.2-62).
Last checked October 13, 2026 · 10 quoted facts from official pages
Virginia at a glance
- Phone calls
- One-party consent
- Criminal penalty
- Unlawful interception is a Class 6 felony: 1 to 5 years' imprisonment or, at the jury's or court's discretion, up to 12 months in jail and a fine of up to $2,500, either or both.
- Lawsuits
- A person whose communication was unlawfully intercepted may recover actual damages, but not less than $400 a day for each day of violation or $4,000, whichever is higher.
- Last checked
- October 13, 2026
The law
Penalties
- Criminal
- Unlawful interception is a Class 6 felony: 1 to 5 years' imprisonment or, at the jury's or court's discretion, up to 12 months in jail and a fine of up to $2,500, either or both.
- Civil (lawsuits)
- A person whose communication was unlawfully intercepted may recover actual damages, but not less than $400 a day for each day of violation or $4,000, whichever is higher. The amounts double to $800 a day or $8,000 for certain privileged communications, including those between spouses, between an attorney and client, and between a licensed practitioner of the healing arts and a patient. Punitive damages and a reasonable attorney fee and litigation costs are also available (§ 19.2-69).
What this means for a business that records calls
A provider of wire communication service to the public may not use service observing or random monitoring except for mechanical or service quality control checks (§ 19.2-62).
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 Virginia's law is a question for a lawyer licensed in Virginia.
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
Recording a call is not a crime when the recorder is a party or one party gave prior consent.
“It shall not be a criminal offense under this chapter for a person to intercept ... where such person is a party”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
The exception also covers prior consent by one of the parties.
“or one of the parties to the communication has given prior consent to such interception.”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
Intentionally intercepting a communication outside the exceptions is a Class 6 felony.
“Intentionally intercepts, endeavors to intercept or procures any other person to intercept ... shall be guilty of a Class 6 felony.”
Source: law.lis.virginia.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 communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
Class 6 felony punishment range.
“a term of imprisonment of not less than one year nor more than five years”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
Alternative Class 6 sentence: up to 12 months in jail and a fine up to $2,500, either or both.
“confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
Civil damages floor: $400 per day or $4,000, whichever is higher.
“liquidated damages computed at the rate of $400 a day for each day of violation or $4,000, whichever is higher”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
The floor doubles to $800 per day or $8,000 for certain privileged relationships.
“liquidated damages shall be computed at the rate of $800 a day for each day of violation or $8,000, whichever is higher”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
Show 2 more facts
The privileged relationships include spouses, attorney-client, and clinician-patient communications.
“between (i) persons married to each other; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages and attorney fees are also available.
“Punitive damages; and 3. A reasonable attorney fee and other litigation costs reasonably incurred.”
Source: law.lis.virginia.gov (official source, opens in a new tab) · read October 13, 2026
Virginia call recording questions
Is Virginia a one-party consent state?
Yes. Virginia is a one-party consent state. It is not a criminal offense under Virginia’s wiretap law for a person to record a call they are a party to, or one where a party has given prior consent (Va. Code Ann. § 19.2-62).
What is the penalty for recording a call illegally in Virginia?
Unlawful interception is a Class 6 felony: 1 to 5 years' imprisonment or, at the jury's or court's discretion, up to 12 months in jail and a fine of up to $2,500, either or both.
What does Virginia's law say about lawsuits over recorded calls?
A person whose communication was unlawfully intercepted may recover actual damages, but not less than $400 a day for each day of violation or $4,000, whichever is higher. The amounts double to $800 a day or $8,000 for certain privileged communications, including those between spouses, between an attorney and client, and between a licensed practitioner of the healing arts and a patient. Punitive damages and a reasonable attorney fee and litigation costs are also available (§ 19.2-69).
What do Virginia's sources say about businesses that record calls?
A provider of wire communication service to the public may not use service observing or random monitoring except for mechanical or service quality control checks (§ 19.2-62).