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 Illinois

Short answer: No. Illinois is an all-party (often called “two-party”) consent state. Under 720 ILCS 5/14-2, everyone on a private call must consent before it is recorded.

Plain-English summary

Illinois is an all-party-consent state. The current statute, 720 ILCS 5/14-2, took its present form after the Illinois Supreme Court struck down the prior version in People v. Clark, 2014 IL 115776, on overbreadth grounds. The replacement statute applies all-party consent to “private conversations,” defined to mean conversations carried on in circumstances reasonably justifying an expectation that no party other than those present will hear them.

A participant in an Illinois phone call must obtain consent from every other party before recording. The standard call-center preamble (“this call may be recorded”) functions as notice; continued participation is treated as consent. Criminal exposure is serious: surreptitious recording of a private conversation is a Class 4 felony.

Case law of note

No appellate decision in Illinois 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 — all-party for private conversations
  • 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 Illinois 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 4 felony under § 14-4; up to 3 years.

Civil: Yes — 720 ILCS 5/14-6 provides a civil action.

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

Practical guidance

  • If you are recording an ordinary phone call: obtain audible consent from every party at the start of the call.
  • 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 Illinois

Frequently asked questions

Is Illinois a one-party consent state?

No. Illinois is an all-party (often called “two-party”) consent state. Under 720 ILCS 5/14-2, everyone on a private call must consent before it is recorded.

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

No. In Illinois you need the consent of everyone on the call. The simplest method is to announce the recording at the start of the call and get a verbal yes on the recording; if someone objects, stop recording.

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

Yes. Illinois applies the same all-party rule to in-person conversations. For private conversations.

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

Criminal: Class 4 felony under § 14-4; up to 3 years. Civil: Yes — 720 ILCS 5/14-6 provides a civil action.

Can a phone recording be used as evidence in Illinois?

A recording made in violation of Illinois law is generally inadmissible in Illinois 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.