State recording law reference
Oregon call recording laws
Telephone and radio communications generally use a one-party rule. Other conversations generally require all participants to be specifically informed before recording. The statutory conversation definition includes video conferences. Use prior notice to all participants as the conservative practice.
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Oregon: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
Ask every participant for consent
Who must agree
ORS 165.540(1)(a) allows participant recording and third-party recording with at least one participant’s consent for telecommunications or radio communications. The separate conversation rule requires prior information to all participants, rather than their express agreement, and has exceptions. The Ninth Circuit’s January 7, 2025 en banc decision upheld the challenged conversation rule; the older 2023 RCFP guide reflects a superseded panel decision.
Official source: Obtaining contents of communications, ORS 165.535; ORS 165.540(1)(a), (1)(c), (2)–(9); ORS 165.543.
Exceptions and penalties
- Exceptions and limits
- Section 165.540 includes limited exceptions for specified home subscribers or family members, a felony that endangers human life, certain open recordings of on-duty law enforcement, listed meetings or classes, and specified video-conference recordings to capture alleged unlawful activity. Each exception has conditions.
- Penalties and remedies
- A violation of ORS 165.540(1) or (2)(b) is a Class A misdemeanor. ORS 165.543 also makes unauthorized nonparticipant interception without any party’s prior consent a Class A misdemeanor. Numeric sentence or fine limits are not asserted here.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Oregon and another state
For an interstate call involving Oregon, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
Oregon sources and review notes
- ORS 165.535; ORS 165.540(1)(a), (1)(c), (2)–(9); ORS 165.543
- Official 2025 en banc opinion
- Official Supreme Court docket: petition denied October 6, 2025
Reviewed the official Oregon statute text, the official January 7, 2025 Ninth Circuit en banc opinion, and the official Supreme Court docket. The statute text, the 2025 court holding, and the October 6, 2025 petition denial are verified.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in Oregon?
Telephone and radio communications generally use a one-party rule. Other conversations generally require all participants to be specifically informed before recording. The statutory conversation definition includes video conferences. Use prior notice to all participants as the conservative practice.
What is the safest recording consent practice in Oregon?
Get every participant's consent before recording. ORS 165.540(1)(a) allows participant recording and third-party recording with at least one participant’s consent for telecommunications or radio communications. The separate conversation rule requires prior information to all participants, rather than their express agreement, and has exceptions. The Ninth Circuit’s January 7, 2025 en banc decision upheld the challenged conversation rule; the older 2023 RCFP guide reflects a superseded panel decision.
Which statute covers call recording in Oregon?
Obtaining contents of communications, ORS 165.535; ORS 165.540(1)(a), (1)(c), (2)–(9); ORS 165.543.
What if a Oregon call crosses state lines?
For an interstate call involving Oregon, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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