Arkansas Phone Call Recording Laws: Landline, Cell, and VoIP Rules (2026)

Arkansas follows one-party consent for phone call recording under Ark. Code Ann. 5-60-120, which means any participant in a call may record it without notifying or obtaining permission from the other parties. This rule covers landline, cell phone, and VoIP calls. Recording by a non-participant without consent remains a Class A misdemeanor.

Arkansas phone call recording laws are straightforward compared to many other states. Under Ark. Code 5-60-120, Arkansas follows a one-party consent model, which means you can record any phone call you participate in without telling the other person. The statute covers wire, landline, oral, telephonic, and wireless communications, encompassing every modern form of phone communication.

This guide covers the specific rules for different types of phone calls, interstate call recording, business call recording, and the penalties for violating Arkansas phone recording law.

The Legal Framework for Phone Call Recording

Ark. Code 5-60-120

The primary statute governing phone call recording in Arkansas is Ark. Code 5-60-120. The statute makes it unlawful to intercept, record, or possess a recording of any wire, landline, oral, telephonic, or wireless communication without the consent of at least one party.

Since you are a party to your own phone calls, your decision to record satisfies the one-party consent requirement. You do not need to announce that the call is being recorded, ask for the other person's permission, or provide any form of advance notice.

Federal Wiretap Act

The federal Wiretap Act (18 U.S.C. 2511) also governs phone call recording at the national level. Federal law follows a one-party consent model that aligns with Arkansas state law. Both legal systems permit recording when at least one party to the call consents.

Because both Arkansas and federal law follow one-party consent, there is no conflict between the two systems for calls made entirely within Arkansas.

Types of Phone Calls Covered

Landline Calls

Traditional landline telephone calls are explicitly covered by Ark. Code 5-60-120. The statute specifically references "wire" and "landline" communications. You can record any landline call you are on without informing the other party.

Cell Phone Calls

Cellular phone calls fall under the statute's coverage of "telephonic" and "wireless" communications. Whether you are using a smartphone, a basic cell phone, or any other mobile device, the one-party consent rule applies.

VoIP and Internet Calls

Voice over Internet Protocol (VoIP) calls are covered under the same framework. This includes calls made through:

• Zoom audio and video calls
• Microsoft Teams calls and meetings
• Google Meet conferences
• FaceTime audio and video calls
• WhatsApp voice calls
• Skype calls
• Discord voice channels
• Slack huddles and calls

While the original statute was drafted before these platforms existed, Arkansas courts and legal practitioners apply the law to all forms of voice communication regardless of the technology used.

Satellite Phone Calls

Satellite phone communications are also covered. Any voice transmission, regardless of the infrastructure carrying it, falls within the statute's broad language.

How to Record Phone Calls in Arkansas

Built-In Phone Features

Many smartphones have built-in call recording features or support third-party recording apps. On Android devices, Google's Phone app includes a call recording option in many regions. iPhone users may need to use a third-party app or service.

Third-Party Recording Apps

Numerous apps are available for recording phone calls on both Android and iOS platforms. When selecting an app, consider:

• Audio quality and file format
• Storage location (local vs. cloud)
• Automatic vs. manual recording triggers
• Encryption and security features
• Compliance with app store policies

External Recording Devices

You can also use an external recording device, such as a digital voice recorder with a phone adapter, to capture phone calls. These devices connect to your phone's audio output and record the conversation directly.

VoIP Platform Recording Features

Many VoIP platforms have built-in recording features:

• Zoom: The host can record meetings, and participants may see a notification
• Microsoft Teams: Meeting organizers can start recording
• Google Meet: Recording is available for certain Google Workspace plans

Note that while these platforms may notify other participants that recording has started, Arkansas law does not require this notification. The platform's notification is a feature of the software, not a legal requirement under Arkansas law.

Interstate Phone Call Recording

The Challenge of Cross-Border Calls

One of the most common questions about phone recording involves calls between people in different states. When you are in Arkansas (one-party consent) and the other party is in a state with stricter recording laws, the legal analysis becomes more complex.

The Stricter-Law Principle

As a general rule, when parties to a phone call are in different states, the stricter consent law may apply. This means that if you are in Arkansas calling someone in an all-party consent state, the other state's law could govern the recording.

Two-Party Consent States to Watch

If you regularly record calls with people in the following states, you should obtain consent from all parties:

Best Practice for Interstate Calls

The safest approach when recording interstate phone calls is to inform all parties and obtain consent. A simple statement like "I would like to record this call for my records. Is that okay with you?" eliminates any risk of violating another state's recording law.

Business Phone Call Recording in Arkansas

Legal Requirements

Arkansas businesses can record phone calls under the same one-party consent framework that applies to individuals. If a business employee is participating in a call, the employee's consent (on behalf of the business) satisfies the legal requirement.

Industry Best Practices

Despite the permissive legal framework, most businesses choose to notify callers before recording. Common notification methods include:

• Pre-recorded announcements: "This call may be recorded for quality assurance and training purposes."
• Verbal disclosure: The employee informs the caller that the conversation is being recorded.
• IVR menu notifications: Automated phone systems include a recording disclosure in the menu options.
• Written consent: Terms of service or customer agreements include a clause about call recording.

Why Businesses Notify Despite One-Party Consent

Even in a one-party consent state, businesses notify callers about recording for several reasons:

1. Interstate compliance: Businesses serving customers nationwide need to comply with the strictest applicable state law.
2. Federal regulations: Certain industries (financial services, healthcare, telecommunications) have federal regulations that may require disclosure.
3. Customer trust: Transparency about recording builds trust and reduces the risk of complaints.
4. Litigation protection: Pre-recorded announcements create a clear record that the caller was aware of the recording.

FCC One-to-One Consent Rule (Current Status)

FCC 23-107 (the one-to-one consent rule for robocalls, adopted December 13, 2023) was vacated by the Eleventh Circuit in Insurance Marketing Coalition Ltd. v. FCC, 127 F.4th 303 (11th Cir. 2025) (mandate April 30, 2025). The current applicable federal robocall consent framework is the baseline TCPA (47 U.S.C. § 227) as implemented.

Call Center Compliance

Businesses operating call centers in Arkansas should establish clear policies including:

• When and how callers are notified about recording
• How recordings are stored and for how long
• Who can access recorded calls
• Procedures for handling requests to not be recorded
• Compliance with industry-specific regulations (PCI-DSS for payment card data, HIPAA for health information)

Recording Calls with Government Agencies

Calls with State Agencies

You can record your phone calls with Arkansas state agencies under one-party consent. This includes calls to:

• The Arkansas Department of Human Services
• The Arkansas Department of Finance and Administration
• State licensing boards
• Unemployment insurance offices
• Tax offices

Calls with Federal Agencies

Federal agencies are subject to federal recording law, which also follows one-party consent. You can record your calls with agencies such as the IRS, Social Security Administration, and Veterans Affairs without notifying the agent on the line.

Calls with Law Enforcement

You can record phone calls with police officers, sheriff's deputies, and other law enforcement personnel. One-party consent applies to these calls just as it does to any other phone conversation.

Penalties for Illegal Phone Call Recording

State Penalties

Illegally recording phone calls in Arkansas is a Class A misdemeanor under Ark. Code 5-60-120. The penalties are set by the state's sentencing guidelines:

The offense of illegal recording requires that the recording be made without the consent of any party. If you are a participant in the call, your own consent makes the recording legal, and there is no violation.

Federal Penalties

The federal Wiretap Act (18 U.S.C. 2511) imposes more severe penalties for unauthorized interception of communications:

• Up to 5 years in federal prison
• Fines as prescribed by federal sentencing guidelines
• Both state and federal charges can arise from the same conduct

Civil Liability

Note: Arkansas Chapter 60 (§ 5-60-120) is criminal-only. There is no separate Arkansas statutory civil cause of action for illegal phone recording. Civil plaintiffs route through:

• Federal ECPA (18 U.S.C. § 2520): Not less than $10,000 (or $100 per day, whichever is greater) in statutory damages, plus actual damages, punitive damages, and attorney fees.
• Arkansas common-law invasion of privacy: Dunlap v. McCarty, 284 Ark. 5, 678 S.W.2d 361 (1984) (intrusion upon seclusion).
• Intentional infliction of emotional distress: For extreme and outrageous conduct.

Using Phone Recordings as Evidence

Admissibility in Court

Phone recordings made legally under one-party consent are generally admissible in Arkansas courts. The proponent of the recording must establish:

• Authentication: That the recording is genuine and has not been altered
• Identification: That the voices on the recording can be identified
• Relevance: That the recording relates to a matter at issue in the case
• Completeness: Courts may require that the entire relevant portion be presented, not just selected excerpts

Common Uses of Phone Recordings

Phone recordings serve as evidence in many types of legal proceedings:

• Family law: Custody disputes, child support discussions, co-parenting conflicts
• Employment law: Wrongful termination, harassment claims, wage disputes
• Contract disputes: Verbal agreements, negotiations, representations
• Criminal cases: Threats, harassment, fraud, extortion
• Personal injury: Statements by at-fault parties, insurance adjuster conversations

Preserving Recordings for Legal Use

If you plan to use a phone recording as evidence:

1. Preserve the original file in its original format
2. Create backup copies and store them securely
3. Note the date, time, and parties to the call
4. Do not edit, crop, or alter the recording in any way
5. Consult an attorney about how to properly introduce the recording as evidence

Specific Phone Recording Scenarios

Recording Calls with Your Ex-Spouse

You can record phone calls with your ex-spouse or co-parent in Arkansas. These recordings are commonly used in custody disputes and divorce proceedings. Be aware that family court judges may evaluate how recordings were used and whether they reflect a pattern of bad faith.

Recording Customer Service Calls

You can record any customer service call you make, whether to a utility company, insurance provider, bank, or other service provider. These recordings can be valuable for documenting promises, agreements, or misrepresentations.

Recording Telemarketing and Spam Calls

You can record telemarketing calls and spam calls. These recordings may be useful as evidence if you choose to report violations of the Telephone Consumer Protection Act (TCPA) or the Do Not Call registry rules.

Recording Calls with Attorneys

While you can legally record calls with your own attorney, doing so may raise questions about the attorney-client privilege. Consult your attorney about whether recording could affect the privileged nature of your communications.

Explore More Arkansas Recording Law Topics

Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | School Recording | Medical Recording

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