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 Wisconsin

Short answer: Yes. Wisconsin is a one-party consent state. Under Wis. Stat. § 968.31, 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

Wisconsin is a one-party-consent state. Wis. Stat. § 968.31(2)(c) provides a participant exception. (Note: there is a separate restriction in Wisconsin on recording conversations of incarcerated persons.)

A participant may record an ordinary phone call in Wisconsin without notifying the other party.

Case law of note

No appellate decision in Wisconsin 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 Wisconsin 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 H felony.

Civil: Yes — § 968.31(2m) provides a civil action with statutory damages.

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

Frequently asked questions

Is Wisconsin a one-party consent state?

Yes. Wisconsin is a one-party consent state. Under Wis. Stat. § 968.31, 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 Wisconsin without the other person knowing?

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

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

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

Criminal: Class H felony. Civil: Yes — § 968.31(2m) provides a civil action with statutory damages.

Can a phone recording be used as evidence in Wisconsin?

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