State recording law reference
Virginia call recording laws
A person may record a wire, electronic, or oral communication if they are a party or one party gave prior consent under § 19.2-62(B)(2).
Last reviewed: . Free to use. No signup required.
Virginia: 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
One-party consent, subject to the statute
Who must agree
The same party-consent exception expressly covers wire, electronic, and oral communications. A nonparticipant needs one party’s prior consent.
Official source: Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions, Va. Code § 19.2-62.
Exceptions and penalties
- Exceptions and limits
- The service-provider exception is limited to normal employment activities needed to provide service or protect the provider. Random monitoring is restricted to mechanical or service-quality checks.
- Penalties and remedies
- Prohibited interception, disclosure, or use under subsection A is a Class 6 felony. Section 19.2-69 provides civil damages, punitive damages, attorney fees, and litigation costs.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Virginia and another state
For an interstate call involving Virginia, 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.
Virginia sources and review notes
Checked each substantive statement against the official Virginia statute text.
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 Virginia?
A person may record a wire, electronic, or oral communication if they are a party or one party gave prior consent under § 19.2-62(B)(2).
What is the safest recording consent practice in Virginia?
One participant's consent generally meets the consent rule for a covered call. The same party-consent exception expressly covers wire, electronic, and oral communications. A nonparticipant needs one party’s prior consent.
Which statute covers call recording in Virginia?
Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions, Va. Code § 19.2-62.
What if a Virginia call crosses state lines?
For an interstate call involving Virginia, 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.
Keep your calling work in Attio.
Set up your calling workspace in minutes. Questions about your CRM or team? Talk to us before you start.