Call Recording Laws in Oregon
Short answer: Yes for phone calls. Oregon is one-party consent for telephone calls (Or. Rev. Stat. § 165.543), but for in-person conversations everyone must be informed that they are being recorded (§ 165.540(1)(c)).
Plain-English summary
Oregon applies different rules to different media. For telephonic communications, Or. Rev. Stat. § 165.540(1)(a) prohibits non-participant interception but permits participant recording without other-party consent. For in-person oral communications, § 165.540(1)(c) prohibits recording “a conversation in which all the participants are not specifically informed that their conversation is being obtained.”
A participant may record an Oregon phone call without notifying the other party. An in-person Oregon recording, however, requires that all participants be informed.
Case law of note
No appellate decision in Oregon 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. Different rule — all-party for in-person under § 165.540(1)(c)
- 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 Oregon 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: Yes — § 133.739 provides a civil action.
Evidence: a recording made in violation of the Oregon statute is generally inadmissible in Oregon 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
- Washington
- California
- Idaho
- US federal law (the Wiretap Act baseline)
- One-party vs. all-party consent explained
- Cross-border calls
Resources for Oregon
- Consent script template (Oregon variant)
- Printable wallet card (Oregon)
- How we research and review pages
Frequently asked questions
Is Oregon a one-party consent state?
Yes for phone calls. Oregon is one-party consent for telephone calls (Or. Rev. Stat. § 165.543), but for in-person conversations everyone must be informed that they are being recorded (§ 165.540(1)(c)).
Can I record a phone call in Oregon without the other person knowing?
Yes, if you are a participant in the call. The stricter all-party notice rule applies only to in-person conversations.
Does the same rule apply to in-person conversations in Oregon?
Different rule — all-party for in-person under § 165.540(1)(c)
What is the penalty for illegally recording a call in Oregon?
Criminal: Class A misdemeanor. Civil: Yes — § 133.739 provides a civil action.
Can a phone recording be used as evidence in Oregon?
A recording made in violation of Oregon law is generally inadmissible in Oregon 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.