Wisconsin call recording law
Is Wisconsin a one-party consent state?
One-party consent
Yes. Wisconsin 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, tortious or other injurious act (Wis. Stat. § 968.31).
Last checked October 13, 2026 · 17 quoted facts from official pages
Wisconsin at a glance
- Phone calls
- One-party consent
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Unlawful interception is a Class H felony: a fine of up to $10,000, imprisonment of up to 6 years, or both.
- Lawsuits
- A person whose communication was unlawfully intercepted, disclosed or used may recover actual damages of not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), punitive damages, and a reasonable attorney's fee and other litigation costs.
- Last checked
- October 13, 2026
The law
- Wis. Stat. § 968.31 (interception and disclosure prohibited; party-consent exception; civil action) (official source, opens in a new tab)
- Wis. Stat. § 968.27 (definitions) (official source, opens in a new tab)
- Wis. Stat. § 939.50 (felony classes and penalties) (official source, opens in a new tab)
- Wis. Stat. § 885.365 (recorded telephone conversation; civil admissibility) (official source, opens in a new tab)
Penalties
- Criminal
- Unlawful interception is a Class H felony: a fine of up to $10,000, imprisonment of up to 6 years, or both.
- Civil (lawsuits)
- A person whose communication was unlawfully intercepted, disclosed or used may recover actual damages of not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), punitive damages, and a reasonable attorney's fee and other litigation costs.
In-person conversations
In-person (“oral”) communications are protected only when the speaker shows an expectation that the conversation is not being intercepted, under circumstances justifying that expectation (§ 968.27).
What this means for a business that records calls
A separate evidence rule says recordings of phone calls are inadmissible in Wisconsin civil cases except as the interception statutes provide, with an exception when the person is told at the time that the conversation is being recorded and that the recording may be used in a court of law (Wis. Stat. § 885.365). Providers of wire or electronic communication services may use service observing or random monitoring only for mechanical or service quality control checks.
Notices and warnings: Wisconsin’s civil-evidence rule (§ 885.365) makes an exception when the person is informed at the time that the conversation is being recorded and that the recording may be used in a court of law.
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 Wisconsin's law is a question for a lawyer licensed in Wisconsin.
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
Committing any of the prohibited acts is a Class H felony.
“whoever commits any of the acts enumerated in this section is guilty of a Class H felony”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
The prohibited acts include intentionally intercepting a wire, electronic or oral communication.
“Intentionally intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept, any wire, electronic or oral communication.”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
It is not unlawful for a private person who is a party to the communication to intercept it...
“For a person not acting under color of law to intercept ... where the person is a party to the communication”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
...or where one party has given prior consent.
“or where one of the parties to the communication has given prior consent to the interception”
Source: docs.legis.wisconsin.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: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
...or for any other injurious purpose.
“or for the purpose of committing any other injurious act.”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Providers of wire or electronic communication services may use service observing or random monitoring only for quality control checks.
“shall not utilize service observing or random monitoring except for mechanical or service quality control checks.”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Class H felony penalty: fine up to $10,000, imprisonment up to 6 years, or both.
“For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Show 9 more facts
A person whose communication was unlawfully intercepted has a civil cause of action.
“shall have a civil cause of action against any person who intercepts, discloses or uses”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Civil damages floor: $100 per day or $1,000, whichever is higher.
“not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Punitive damages are available.
“Punitive damages; and”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Attorney's fees and litigation costs are recoverable.
“A reasonable attorney’s fee and other litigation costs reasonably incurred.”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
An in-person ('oral') communication is protected only where the speaker has a justified expectation it is not being intercepted.
“any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Recordings of telephone conversations are generally inadmissible in Wisconsin civil actions...
“Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
...except as provided in the interception statutes.
“shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28 to 968.37”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
An exception applies when the person is told at the time that the conversation is being recorded...
“the person whose conversation is being recorded is informed at that time that the conversation is being recorded”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
...and that the recording may be used in court.
“and that any evidence thereby obtained may be used in a court of law”
Source: docs.legis.wisconsin.gov (official source, opens in a new tab) · read October 13, 2026
Wisconsin call recording questions
Is Wisconsin a one-party consent state?
Yes. Wisconsin 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, tortious or other injurious act (Wis. Stat. § 968.31).
What is the penalty for recording a call illegally in Wisconsin?
Unlawful interception is a Class H felony: a fine of up to $10,000, imprisonment of up to 6 years, or both.
What does Wisconsin's law say about lawsuits over recorded calls?
A person whose communication was unlawfully intercepted, disclosed or used may recover actual damages of not less than liquidated damages of $100 per day of violation or $1,000 (whichever is higher), punitive damages, and a reasonable attorney's fee and other litigation costs.
Does Wisconsin use the same rule for in-person conversations?
In-person (“oral”) communications are protected only when the speaker shows an expectation that the conversation is not being intercepted, under circumstances justifying that expectation (§ 968.27).
What do Wisconsin's sources say about businesses that record calls?
A separate evidence rule says recordings of phone calls are inadmissible in Wisconsin civil cases except as the interception statutes provide, with an exception when the person is told at the time that the conversation is being recorded and that the recording may be used in a court of law (Wis. Stat. § 885.365). Providers of wire or electronic communication services may use service observing or random monitoring only for mechanical or service quality control checks.