There might be any number of reasons why you find the need to record a phone call, whether it’s for evidence, transcription, or even just to have for your records. Whatever your reason, Texas law requires you to get one of the parties involved in the call to consent – even if that party is you. That’s because Texas is what’s known as a one-party state.
In one-party states, it’s completely legal to record a call so long as one party agrees to it, even if the other parties are oblivious to the recording. So in theory, you’re almost always in the clear to record a call in which you’re participating.
But there are a few catches to keep in mind. Though you don’t need the other party’s consent to tape a call, you can’t record it for any tortious or illegal purpose (such as extortion). You’ll also run into trouble if you try to record phone conversations taking place between other people without getting consent from at least one of the parties. As the “one-party state” moniker suggests, you still have to get one person party to the conversation to agree to the recording. If you’re taking part in the call, your consent is assumed. But if you’re trying to covertly record conversations between two unwitting parties, you’ll likely be facing second-degree felony charges for wire-tapping.
Finally, it’s also important to bear in mind where the other party to your call is. While it’s perfectly legal to tape a phone call in Texas without the other party’s consent, that’s not true of every state in the U.S. In fact, up to 15 states have all-party laws, which outlaw any recording without the express consent of everyone involved. It’s a little unclear exactly how calls between states with conflicting laws are governed – i.e. whether the law of the state in which the call is placed rules, or if it falls to the law of the state in which the call is received – but it’s safest to act under the assumption that the state with the strictest laws will control. So if you plan to make a call to California and want to get it on tape, you better ask for permission first.
