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 Vermont

Short answer: Yes. Vermont is a one-party consent state. Under State v. Geraw, 173 Vt. 350 (2002), 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. Vermont has no wiretap statute, so the rule comes from case law; recording inside someone else’s home without consent can still support a privacy claim (State v. Geraw).

Plain-English summary

Vermont has no general wiretap statute. The Vermont Supreme Court’s decision in State v. Geraw, 173 Vt. 350 (2002), reached the unusual conclusion that a non-consensual recording made by a participant inside someone’s home violated the Vermont Constitution’s Article 11 privacy protection. Geraw involved a confidential informant carrying a recorder into a home; the court held that the home setting created an expectation of privacy that the recording invaded.

Federal law (§ 2511(2)(d)) permits one-party recording in Vermont as elsewhere. The practical takeaway: ordinary participant recording of a phone call in Vermont is lawful, but recording made inside a home without the other party’s knowledge raises a state-constitutional question. The cautious practice in Vermont is to seek consent for in-home recordings.

Case law of note

No appellate decision in Vermont 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 as telephonic; participant recording lawful but in-home recording without consent may give rise to civil claims under Geraw
  • 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 Vermont 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: No specific criminal statute; common-law invasion of privacy and federal preemption.

Civil: Common-law privacy claims; intrusion upon seclusion.

Evidence: a recording made in violation of the Vermont statute is generally inadmissible in Vermont 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 Vermont

Frequently asked questions

Is Vermont a one-party consent state?

Yes. Vermont is a one-party consent state. Under State v. Geraw, 173 Vt. 350 (2002), 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. Vermont has no wiretap statute, so the rule comes from case law; recording inside someone else’s home without consent can still support a privacy claim (State v. Geraw).

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

Yes, if you are a participant in the call. Vermont 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 Vermont?

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

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

Criminal: No specific criminal statute; common-law invasion of privacy and federal preemption. Civil: Common-law privacy claims; intrusion upon seclusion.

Can a phone recording be used as evidence in Vermont?

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