Yes, recording phone calls is legal in Wisconsin under specific conditions.
Wisconsin operates as a one-party consent state, permitting call recording if at least one participant (including the recorder) consents. State statutes, particularly Wis. Stat. § 968.31, explicitly allow interception if the recording party is part of the conversation. Federal law (18 U.S.C. § 2511) aligns with this standard, avoiding conflict. However, Wisconsin’s 2023 amendments to its eavesdropping laws introduced stricter penalties for non-compliance, including felony charges for illegal recordings. Businesses must also adhere to Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) guidelines, which mandate clear disclosure in commercial recordings.
Key Regulations for Recording Phone Calls in Wisconsin
- One-Party Consent Requirement: Only one participant must consent to recording; no notice to other parties is legally required.
- Prohibition on Third-Party Interception: Recording conversations where the recorder is not a participant violates Wis. Stat. § 968.31(2).
- Commercial Call Restrictions: Businesses must comply with DATCP’s 2024 Telecommunications Rules, which require prior written consent for telemarketing recordings.