Reviewed by Zachary Windham, Esq. – Admitted in Colorado, Florida, New Jersey, New York, Oregon, Washington · Last reviewed Oct 8, 2026
Yes, but Oregon’s rules depend on the type of communication. A participant generally may record a telephone call without obtaining the other participants’ consent. For an in-person or video-conference conversation, Oregon generally requires every participant to be specifically informed that the conversation is being recorded. That is a notice requirement, not unanimous consent; ORS 165.535 and 165.540 distinguish these types of communications. Statutory exceptions and other laws may apply.
Before recording, identify the medium, who is participating and where each person is located. A rule that permits recording an ordinary Oregon phone call may not permit secretly recording a meeting.
Can I record a phone call in Oregon without telling the other person?
Yes, if you participate in an ordinary telephone call governed by Oregon’s one-party rule, your own consent is sufficient under ORS 165.540(1)(a). A nonparticipant needs at least one participant’s consent; secretly intercepting someone else’s call without that consent is different from recording your own call.
An Oregon customer who records a telephone call with an Oregon supplier ordinarily satisfies Oregon’s one-party consent requirement because the customer is a participant. Different notice or consent requirements may apply to video conferences and calls involving participants in other states.
Federal law also permits many recordings made by a participant or with a participant’s prior consent, but its exception does not cover interception for a criminal or tortious purpose (18 U.S.C. § 2511(2)(d)). State and federal requirements must be considered separately.
Can I record an in-person conversation in Oregon?
Oregon’s starting rule is that everyone participating must be specifically informed before the conversation is recorded, subject to statutory exceptions (ORS 165.540(1)(c)). Being one of the speakers does not, by itself, authorize a secret recording.
Notice is different from agreement: this provision requires informing participants, not securing each person’s permission. In Project Veritas v. Schmidt, 125 F.4th 929 (9th Cir. 2025), the court explained that someone informed of recording can choose not to speak.
As a practical measure, tell people clearly before recording substantive discussion and inform anyone joining later. Avoid treating an ambiguous sign or buried disclosure as automatically sufficient; qualifying private meetings have a separate exception when the recording is made with an unconcealed device or through a video-conferencing program and everyone knew or reasonably should have known of the recording (ORS 165.540(6)(a)(C)).
The conversation rule is not limited to confidential discussions behind closed doors. Public settings can also fall within its scope, so check the applicable exception rather than assuming that a sidewalk or restaurant makes secret recording lawful (Project Veritas v. Schmidt).
Do Oregon’s recording rules cover Zoom and Teams meetings?
Yes. Oregon expressly includes communications through a video-conferencing program within “conversation” and excludes them from “telecommunication”; these meetings do not automatically follow the telephone one-party rule (ORS 165.535).
For a qualifying private video meeting, ORS 165.540(6)(a) provides an exception when everyone else knew or reasonably should have known it was being recorded. Make the notice understandable rather than relying solely on an unexplained interface icon.
A separate exception addresses video-conference recordings intended to capture alleged unlawful activity. It requires participation or a participant’s consent, plus being a law enforcement officer or coordinating with one, coordinating with an attorney or enforcement/regulatory entity, or reasonably believing the recording may be evidence in a judicial or administrative proceeding (ORS 165.540(6)(b)). It is not permission to secretly record any uncomfortable meeting.
Oregon law also prohibits obtaining a communication from another person when the recipient knows or has good reason to believe it was unlawfully obtained, and prohibits using or divulging communications obtained in violation of the statute. Specified exceptions apply, including a public-concern exception for certain persons who did not participate in initially obtaining the communication (ORS 165.540(1)(d)–(e) and (8)).
When does Oregon allow recording without specific notice?
The exceptions depend on the circumstances, not simply the recorder’s reason for wanting evidence. Relevant provisions include:
- Life-endangering felony: A person may record a conversation during a felony that endangers human life (ORS 165.540(5)(a)).
- Public and educational proceedings: Subsection (6)(a) covers specified public or semipublic meetings and regularly scheduled classes or similar educational activities, when recorded with an unconcealed device or through video conferencing (ORS 165.540(6)(a)).
- Home provision: Subsection (3) exempts subscribers or family members performing the specified acts in their homes from certain prohibitions. Its scope is not a general exemption for business owners or permission to disregard other laws (ORS 165.540(3)).
- Police conversations: An officer must participate while performing official duties; recording must be open and in plain view of participants, the conversation audible by normal unaided hearing, and the recorder lawfully present. The statute does not authorize trespass or interference (ORS 165.540(5)(b) and (10)).
A business does not receive a blanket recording exemption merely by owning the premises or posting a surveillance sign. Evaluate the notice and any qualifying meeting exception instead (ORS 165.540).
What if someone on the call is in another state?
When participants are located in different states, the presence of one participant in an all-party-consent jurisdiction does not necessarily determine which state’s law applies. In State v. Fowler, 157 Wn.2d 387 (2006), the Washington Supreme Court held that calls recorded in Oregon in conformity with Oregon law were not unlawful under Washington’s Privacy Act where no Washington official requested, encouraged or participated in the recording.
Fowler arose from an Oregon criminal investigation and addressed admissibility in a Washington prosecution. It does not establish a universal choice-of-law rule for private interstate recordings. For routine interstate calls, obtaining every participant’s agreement before recording remains the safer practice.
Our state-by-state recording-consent guide provides a general overview of state recording laws, but it does not determine which law applies to a particular call. Consult counsel about the laws of the relevant jurisdictions before relying on a one-party-consent rule or statutory exception.
What are the penalties for unlawful recording in Oregon?
A violation of ORS 165.540(1), or the restricted disclosure provision in ORS 165.540(2)(b), is a Class A misdemeanor. A Class A misdemeanor is generally punishable by up to 364 days’ imprisonment, a fine of up to $6,250 for an individual, or both. ORS 165.543 separately makes prohibited willful interception a Class A misdemeanor (ORS 165.543).
ORS 133.739 creates a statutory civil action for specified willful violations of ORS 133.724 or 133.737; it does not create an automatic remedy for every violation of ORS 165.540 or 165.543. Subsection (3) preserves other private civil remedies for invasion of privacy, but it does not itself guarantee a $1,000 recovery for every unlawful private recording.
Can the recording be used in an Oregon court?
ORS 41.910 generally excludes evidence of recordings obtained in violation of ORS 165.540, subject to narrow statutory exceptions. A recording is not automatically admissible merely because it was lawfully made. Authentication, completeness, relevance, hearsay and other evidentiary requirements may still apply.
Preserve the original file and its associated metadata, and tell counsel who recorded it, each participant’s location, and what notice or consent existed. Get advice before circulating it or relying on an edited excerpt in a dispute.
Did the Ninth Circuit strike down Oregon’s recording law?
The current outcome is the 2025 en banc decision, not the superseded 2023 panel ruling. On January 7, 2025, the en banc Ninth Circuit affirmed dismissal of the constitutional challenges to Oregon’s conversational-recording notice requirement. The decision left the notice requirement operative (Project Veritas v. Schmidt).
The U.S. Supreme Court denied certiorari in Project Veritas v. Vasquez, No. 24-1061, on October 6, 2025, without deciding the merits. Older summaries relying only on the 2023 panel outcome need updating.
Can an Oregon business record customer calls and meetings?
Yes, when the required consent or notice exists or a statutory exception applies. An employee’s participation can satisfy the Oregon telephone rule, but that does not automatically authorize room audio or video-meeting recordings (ORS 165.540).
Build separate procedures for telephone calls, video conferences and in-person discussions. For a Portland business calling Vancouver customers, include interstate review rather than treating the nearby border as irrelevant; also check transferred calls, late arrivals and automated recording settings.
Our call recording compliance guide addresses broader recording practices. Omni Law P.C.’s outside general counsel services for Oregon businesses can help align notices, internal policies and vendor terms.
Frequently Asked Questions
Is Oregon a one-party or two-party consent state?
Oregon follows a one-party rule for telephone calls, but conversations, including video-conference communications, generally require specific notice to all participants. Calling Oregon simply “two-party consent” obscures the difference between notice and consent (ORS 165.535 and 165.540).
Is it illegal to record a conversation in Oregon without permission?
Not necessarily. Oregon’s conversation rule requires informing participants, not obtaining unanimous permission; telephone calls follow a different rule, and statutory exceptions matter. Recording secretly without a valid legal basis can violate ORS 165.540.
Can I record an Oregon phone call if I am not on it?
At least one participant’s consent is required under the ordinary telephone rule. A recording made without any participant’s consent is not justified by Oregon’s “one-party” label (ORS 165.540(1)(a)).
Does everyone need notice before I record a Zoom meeting in Oregon?
Generally, yes, unless an exception applies. Oregon treats video-conference communications as conversations, with specific exceptions for qualifying meetings and certain recordings intended to capture alleged unlawful activity (ORS 165.535 and 165.540(6)).
Does an Oregon business’s recording sign make audio surveillance legal?
Not automatically. There is no general business-premises exemption based solely on a posted sign; whether notice or a qualifying meeting exception applies depends on the circumstances (ORS 165.540).
Can you record police in Oregon?
Yes, subject to statutory conditions: the officer participates while performing official duties, recording is open and in plain view, the conversation is audible by normal unaided hearing, and the recorder is lawfully present. Trespass or interference is not authorized (ORS 165.540(5)(b) and (10)).
What is the penalty for an illegal Oregon recording?
Violations covered by ORS 165.540(9) are Class A misdemeanors. The ordinary individual maximum is 364 days in jail and a $6,250 fine; civil claims and evidence exclusion require separate analysis (ORS 165.540; ORS 161.615 and 161.635).
Can I use a secretly recorded conversation in an Oregon lawsuit?
Secrecy alone does not answer the question: first determine whether the recording was lawful. ORS 41.910 generally excludes unlawfully obtained recording evidence, subject to exceptions, and other evidence rules can affect even a lawful recording.
Discuss your business recording practices
For help reviewing an Oregon business’s recording notices, meeting practices or vendor terms, contact Omni Law P.C. at (844) 354-1234 to request a consultation. Do not send a recording or other confidential or time-sensitive information. Contacting the firm does not create an attorney-client relationship; representation begins only if Omni Law P.C. agrees in writing to undertake the matter.
Last reviewed: October 8, 2026.
Attorney Advertising. This article provides general information and is not legal advice. Reading this article or contacting Omni Law P.C. does not create an attorney-client relationship. Do not send confidential or time-sensitive information unless the firm has agreed in writing to represent you. Legal requirements depend on the circumstances and may change; obtain advice concerning your situation before acting.