Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in Arkansas

Short answer: Yes. Arkansas is a one-party consent state. Under Ark. Code § 5-60-120, you can legally record a phone call you are part of without telling the other people on the call. Recording a conversation you are not part of, without a participant’s consent, is illegal.

Plain-English summary

Arkansas is a one-party-consent state. Ark. Code § 5-60-120 criminalizes the use of a device to intercept a conversation without the consent of at least one participant. A participant’s own consent suffices.

The Arkansas statute is broadly worded and applies to in-person and telephonic conversations alike. Recording for an unlawful or malicious purpose may give rise to common-law privacy claims even where the criminal statute is not violated.

Case law of note

No appellate decision in Arkansas has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

  • In-person vs. phone. Same — one-party
  • Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
  • Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Arkansas appellate decision on the question.
  • Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
  • Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Class A misdemeanor.

Civil: Common-law remedies.

Evidence: a recording made in violation of the Arkansas statute is generally inadmissible in Arkansas proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

  • If you are recording an ordinary phone call: you may record without notifying the other party, but verbal consent is the safer practice if the recording may be used in a proceeding.
  • Suggested opening: See our consent script templates for jurisdiction-specific language.
  • If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
  • What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.

Compare to

Resources for Arkansas

Frequently asked questions

Is Arkansas a one-party consent state?

Yes. Arkansas is a one-party consent state. Under Ark. Code § 5-60-120, you can legally record a phone call you are part of without telling the other people on the call. Recording a conversation you are not part of, without a participant’s consent, is illegal.

Can I record a phone call in Arkansas without the other person knowing?

Yes, if you are a participant in the call. Arkansas law does not require you to tell the other party. Announcing the recording is still the safer practice if it may be used in court, or if anyone on the call is in an all-party consent state.

Does the same rule apply to in-person conversations in Arkansas?

Yes. Arkansas applies the same one-party rule to in-person conversations.

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

Criminal: Class A misdemeanor. Civil: Common-law remedies.

Can a phone recording be used as evidence in Arkansas?

A recording made in violation of Arkansas law is generally inadmissible in Arkansas proceedings, and federal law (18 U.S.C. § 2515) bars unlawfully intercepted communications in federal proceedings. A lawfully made recording can be admissible, but it must still be authenticated and relevant — ask a lawyer before relying on one.

What if the other person on the call is in a different state?

When a call crosses state lines, courts may apply the stricter state’s law. If anyone on the call is in an all-party consent state such as California, Florida or Illinois, get everyone’s consent before recording. See cross-border calls.