Arkansas is a one party consent state, which means you can legally record a phone call as long as you are part of the conversation or one participant gives permission. You do not need to tell the other person. However, it is illegal to record calls or private conversations between people when you are not involved. Unauthorized recordings can lead to criminal charges under Arkansas Code 5 60 120.
Quick Tip: If you join the call, you can record it. If you are not part of it, you cannot.
If you have ever wondered whether you can record a phone call in Arkansas without asking the other person you are not alone. Every day people search questions like:
- Is it illegal to record a phone call in Arkansas
- Is Arkansas a one party consent state
- Can I record someone without their knowledge in Arkansas
- Are secret recordings allowed in Arkansas
- What are the penalties for illegal recording in Arkansas
Laws around recording calls can be confusing. Some states require every person on the call to agree while others allow you to record as long as you are part of the conversation. The good news is that Arkansas has very clear rules once you understand them. So let’s walk through everything in a friendly and simple way.
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Is Arkansas a One Party or Two Party Consent State?
Let’s start with what everyone wants to know.
Arkansas is a one party consent state.
This means you can legally record a phone call as long as you are part of the call or one person involved gives permission.
You do not need to inform the other person if you are involved in the conversation.
This rule comes from Arkansas Code Annotated 5 60 120, which explains how audio recording and wiretapping rules work in the state.
What one party consent means in real life
- If you call someone and decide to record the conversation, it is legal.
- If someone else on the call gives you consent, it is legal.
- If you try to record two people talking when you are not involved, it is illegal.
A lot of confusion comes from people seeing other states with much stricter laws. For example California and Florida require all parties to agree. Arkansas does not.
When Is It Legal to Record a Phone Call in Arkansas?
Here are the situations where recording a call is fully legal under Arkansas law.
You Are Part of the Conversation
If you are one of the people talking you are allowed to record the call. This is the most important rule of all. You count as the one party who gave consent.
Someone on the Call Gives You Permission
If one participant says you can record that is enough to make it legal.
You Need to Protect Yourself or Gather Evidence
Many people record conversations because they feel unsafe or need proof. If you are part of the call it is legal to record threats harassment fraud or scams.
A Business Has Already Notified You
When you hear a message such as
“This call may be recorded for quality or training purposes”
that counts as notice. If you stay on the call you are agreeing to the recording.
Recording for Personal Notes or Memory
Sometimes people record calls so they do not forget important details like instructions from a doctor or steps to complete a task. This is legal if you are involved in the call.
When Is It Illegal to Record a Phone Call in Arkansas?
Even though Arkansas allows one party consent there are still things you cannot do.
Recording a Call You Are Not Part Of
If you secretly record people without being involved in the call this is illegal and considered wiretapping.
Placing a Device to Capture Someone’s Private Conversation
You cannot place a phone bug, hidden recorder, or audio device inside a car, room, office, or home to capture people privately talking.
Recording Someone Else’s Phone Line
Recording calls between two other people without permission is illegal.
Using Software to Tap Into Someone’s Phone
Spying apps and phone interception tools are not allowed.
What Are the Penalties for Illegal Recording in Arkansas?
The penalties depend on the situation, but illegal recording can lead to:
- Criminal charges
- Fines
- Jail time
- Civil lawsuits
- Loss of evidence in court
- Damage to your reputation
Under Arkansas law, illegal wiretapping is a serious offense. That is why understanding one party consent is important.
Can Secret Recordings Be Used in Court in Arkansas?
This is a very common question.
If you were part of the conversation
Yes.
Your recording can usually be used as evidence because it was obtained legally.
People often use recordings in cases involving:
- Threats
- Abuse
- Harassment
- Scams and fraud
- Landlord tenant issues
- Workplace disputes
If you were not part of the conversation
No.
Recordings secretly made without being part of the call are illegal and cannot be used in court.
Can You Record an In Person Conversation in Arkansas?
Yes, as long as you are part of the conversation.
The one party consent rule applies to both phone calls and face to face conversations.
You cannot record people privately talking when you are not involved.
You cannot hide devices in bedrooms, bathrooms, or private places.
Can You Record Calls at Work in Arkansas?
Workplace recording is one of the biggest areas of confusion so let’s break it down clearly.
Employees Recording Conversations
If you are part of the conversation you can record it.
If you secretly record coworkers when you are not talking with them it is illegal.
Employers Recording Calls
Businesses must inform customers or employees.
Most companies play automated announcements to comply with the law.
Recording Meetings or Boss Conversations
You can record a meeting if you are one of the participants.
However, it is smart to check your company policy because even legal recordings can violate employment rules.
Can You Record a Threatening Phone Call in Arkansas?
Absolutely yes.
If you feel threatened or someone is harassing you, you are legally allowed to record the call as evidence. You do not need to tell them.
Just remember you must be part of the conversation for the recording to be legal.
Can You Record Zoom or FaceTime Calls in Arkansas?
The same rule applies.
You can record:
- Zoom
- FaceTime
- Facebook Messenger
- Instagram calls
- Any other voice or video calls
as long as you are one of the people on the call.
You do not need permission unless a platform requires it through their own policy.
Examples To Make Everything Clear
Sometimes the best way to understand the law is through real examples. Here are common scenarios and whether they are legal or illegal in Arkansas.
Example 1. You call someone and hit record
Legal. You are one party.
Example 2. You record a threatening call from an unknown number
Legal because you are part of the conversation.
Example 3. You put your phone under a table to record two people
Illegal because you are not participating.
Example 4. You record a Zoom meeting you are attending
Legal.
Example 5. You record your partner’s private calls without telling them
Illegal unless you are part of the call.
Example 6. A company records your customer service call
Legal if they provide notice.
Example 7. You record a verbal agreement for proof
Legal if you are involved.
Tips To Record a Call Safely in Arkansas
Here is how to stay within the law and avoid trouble.
- Only record calls you are personally part of
- Avoid using hidden devices
- Never record conversations between other people
- If you run a business, give notice
- Keep recordings secure and private
- Avoid sharing recordings online
- Use clear labeling so you remember the purpose
- Seek legal advice if your situation is complicated
The goal is to protect yourself not to accidentally break the law.
Final Thoughts
The good news is that Arkansas has simple and flexible laws when it comes to recording calls. Since Arkansas is a one party consent state you can record phone calls and conversations as long as you are part of them. You do not need the other person’s permission unless your job or company policies require it.
Just remember you cannot record conversations between other people without being present. Following this basic rule keeps you on the right side of the law.
If you want clear guidance for other states like California, Florida, Texas, Michigan, New York, Illinois or even a complete 50 state list I can create that too.
Frequently Asked Questions About Recording Phone Calls in Arkansas
1. Is Arkansas a one party or two party consent state?
Arkansas is a one party consent state, which allows you to record a call or in person conversation if you are one of the participants. You do not need to notify the other person.
2. Can I record a phone call without letting the other person know in Arkansas?
Yes. As long as you are part of the call, you can record it without telling the other person. You cannot record conversations between people when you are not involved.
3. Is it illegal to secretly record someone in Arkansas?
Secret recording is only illegal if you are not part of the conversation. Hiding devices to record private conversations can lead to criminal charges.
4. What are the penalties for illegal call recording in Arkansas?
Penalties may include fines, criminal charges, possible jail time, and civil lawsuits. Arkansas takes illegal wiretapping seriously.
5. Can I record someone who is threatening me?
Yes. If you are part of the call, you can record threats, harassment, or abusive behavior for evidence.
6. Are workplace conversations allowed to be recorded?
Employees can record conversations if they are participating. Employers must notify employees or customers before monitoring or recording calls.
7. Can I record a Zoom or FaceTime call in Arkansas?
Yes. You can record digital calls such as Zoom, FaceTime, and WhatsApp as long as you are one of the people in the conversation.
8. Can recorded calls be used in court in Arkansas?
Yes, if the recording was obtained legally. If you were part of the call, your recording is usually admissible. If not, the court will likely reject it.
9. Can you record conversations in public places?
You can record conversations you are involved in. You cannot record private conversations between other people even in public spaces if privacy is expected.
10. Do businesses have to announce call recording in Arkansas?
It is best practice for businesses to notify customers. Most companies use automated messages to inform callers that calls may be recorded for training or quality.
