Vermont
Vermont Phone Call Recording Laws
Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 1 primary source cited on this page. How we verify our legal content
Vermont has no state wiretapping statute, so phone call recording is governed entirely by federal law. Under 18 U.S.C. 2511, any participant in a call may record it without notifying the other party.
Vermont allows you to record any phone call you participate in under federal one-party consent law (18 U.S.C. 2511). Because Vermont has no state wiretapping statute, federal law is the sole statutory framework.
This guide covers personal calls, business calls, VoIP, interstate rules, and penalties.
One-Party Consent
Your participation in the call is your consent. No announcement required. Applies to cell phones, landlines, VoIP, video calls, and messaging apps.
Interstate Calls
Vermont borders two all-party consent states:
- Massachusetts -- all-party consent
- New Hampshire -- all-party consent
The stricter law typically applies. Inform the other party for calls to these states.
Business Call Recording
Businesses can record with employee consent as a participating party. FCC regulations apply. Many businesses announce recording as best practice.
Penalties
| Offense | Penalty |
|---|---|
| Illegal interception (18 U.S.C. 2511) | Up to 5 years |
| Civil damages (18 U.S.C. 2520) | Greater of $100/day of violation or $10,000, plus punitive damages and attorney fees |
Evidence
Lawfully recorded calls are admissible in Vermont courts. Keep originals unedited.
More Vermont Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
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Frequently Asked Questions
Can I record a phone call in Vermont?
Yes. Federal one-party consent (18 U.S.C. 2511) allows recording any call you participate in. No announcement required.
Can I record a call with someone in Massachusetts?
You should get consent. Massachusetts requires all-party consent. The stricter law typically applies.
Is wiretapping illegal in Vermont?
Yes. Intercepting calls without any participant's consent violates federal law (18 U.S.C. 2511), carrying up to 5 years imprisonment.
Can I use a recorded call as evidence?
Yes. Lawfully recorded calls are generally admissible in Vermont courts.
Why does Vermont have no wiretapping law?
Vermont never enacted a comprehensive wiretapping statute. It is the only state where federal law alone governs phone call recording.
Updates
Restated the federal civil-damages formula under 18 U.S.C. 2520 as the greater of $100 a day of violation or $10,000, rather than a flat $10,000 minimum.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 422 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · last checked 2026-08-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Recording Laws (2026): Hybrid Consent Rules Explained, Oregon Recording Laws (2026): Hybrid One-Party and All-Party Rules, US Recording Laws by State (2026): All 50 States Explained
§ 2520Recovery of civil damages authorizedIn forcecited in 115 of our articles
Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate. In an action under this section, appropriate relief includes— such preliminary and other equitable or declaratory relief as may be appropriate; damages under subsection (c) and punitive damages in appropriate cases; and a reasonable attorney’s fee and other litigation costs reasonably incurred.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 860 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Walker v. Darby (1990) held a 2520 plaintiff need not prove the contents of intercepted conversations, only interception and a justified expectation against it. Bartnicki v. Vopper (2001) barred 2520 damages against defendants who took no part in the interception, obtained the tape lawfully, and disclosed a matter of public concern.
Opinions citing this section in our collection:
- Jessie Walker v. Thomas E. Darby, Hugh L. Robinson, Jr., and Kenneth Day (Court of Appeals for the Eleventh Circuit 1990, 911 F.2d 1573)✓A postal letter carrier said three supervisors wired an intercom near his workstation to listen in. Reversing summary judgment, the Eleventh Circuit held a section 2520 plaintiff can show interception without proving the contents of specific conversations.
- Gelbard v. United States (Supreme Court of the United States 1972, 408 U.S. 41)“…disclosure, or use is entitled to recover civil damages, 18 U. S. C. § 2520 . Title III also bars the use as eviden…”
- DirecTV, Inc. v. Hoa Huynh (Court of Appeals for the Ninth Circuit 2007, 503 F.3d 847)“…7 U.S.C. § 605 (e)(4), or alternatively, for violations of 18 U.S.C. § 2520 (a), or alternatively, for violations o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Phone Call Recording Laws: What You Need to Know, Alaska Phone Call Recording Laws: Rules for Landline, Cell, and VoIP (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 18 U.S.C. 2511 -- Federal Wiretap Act(law.cornell.edu)
- 18 U.S.C. 2520 -- Civil Damages(law.cornell.edu)
- FCC Recording Guide(fcc.gov).gov
- Reporters Committee -- Vermont(rcfp.org)