Idaho Call Recording Laws: One-Party Consent

Idaho is a one-party consent state: you can lawfully record a phone call or conversation when one party, which can be you, has given prior consent. Recording without any party's consent is a felony carrying up to five years in prison, and the person recorded can sue for at least $1,000.

Idaho's rule is permissive, but its neighbors are not. Washington and Montana both have stricter rules, and Nevada requires all-party consent for phone calls. That makes a recording notice the practical policy for Idaho businesses.

This is general information, not legal advice.

Idaho recording law at a glance

Question	Answer in Idaho
Consent rule for phone calls	One party, prior consent
Main statute	Idaho Code § 18-6702 (Communications Security Act)
Can a participant record without telling others?	Yes
Criminal penalty	Felony: up to 5 years, fine up to $5,000, or both
Civil damages	At least $100/day or $1,000, plus punitive damages and fees (§ 18-6709)
Recording to commit a crime	Unlawful regardless of consent (§ 18-6702(2)(e))

What the statute says

Idaho Code § 18-6702(1) makes a person guilty of a felony, punishable by up to five years in state prison, a fine of up to $5,000, or both, if they willfully:

• intercept, or try to intercept, any wire, electronic or oral communication;
• use a device to intercept oral communications in certain ways;
• disclose the contents of a communication knowing it was illegally intercepted; or
• use the contents of a communication knowing it was illegally intercepted.

Section 18-6702(2)(d) sets out the consent exception:

"It is lawful under this chapter for a person to intercept a wire, electronic or oral communication when one (1) of the parties to the communication has given prior consent to such interception."

The next paragraph, § 18-6702(2)(e), adds that it is unlawful to intercept any communication for the purpose of committing any criminal act. Consent does not protect a recording made to commit a crime.

Phone calls, cellphones and texts

According to the Reporters Committee for Freedom of the Press (RCFP), the one-party rule covers wire and electronic communications, including cellphone calls. Idaho's definition of electronic communication reaches "any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature" (§ 18-6701), so disclosing texts or emails also needs a party's consent.

In-person conversations

Recording an in-person conversation requires the consent of at least one party. Oral communications are protected only when the speaker has a reasonable expectation of privacy (§ 18-6701(2)), so conversations in public generally fall outside the statute.

Civil liability

Idaho Code § 18-6709 gives anyone whose communication is intercepted, disclosed or used in violation of the chapter a civil claim against anyone who intercepted, disclosed, used, or procured someone else to do so. They can recover:

1. Actual damages, but not less than liquidated damages of $100 a day for each day of violation or $1,000, whichever is higher
2. Punitive damages
3. A reasonable attorney's fee and litigation costs

Good-faith reliance on a court order is a complete defense to civil or criminal action.

How Idaho compares with federal law

Idaho's Communications Security Act tracks the federal Wiretap Act closely. Federal law, 18 U.S.C. § 2511(2)(d), allows a party to record, or a non-party to record with a party's prior consent, unless the purpose is criminal or tortious. Idaho's wording differs slightly: § 18-6702(2)(e) bars interception for the purpose of committing any criminal act, without mentioning tortious acts, though the federal limit still applies. Idaho's civil remedy mirrors the federal liquidated damages of $100 a day or $1,000. Complying with Idaho law generally keeps you within the federal rule as well.

Calls between Idaho and neighboring states

Neighboring state	Rule for phone calls
Washington	All-party; an announcement counts (RCW 9.73.030)
Montana	All-party knowledge, with a warning exception
Nevada	All-party for phone calls
Oregon	One-party for phone calls
Utah	One-party
Wyoming	One-party

North Idaho and the Spokane area function as one economy, and Washington's law requires the consent of all parties to record a private phone call. Washington counts consent as obtained when a party announces, in a reasonably effective way, that the conversation will be recorded, with the announcement itself recorded. Montana similarly lets people be recorded when they are warned. A notice on every call satisfies both. See interstate call recording consent and the recording laws by state.

What this means for Idaho businesses

Border-region businesses

Coeur d'Alene, Post Falls, Sandpoint and Lewiston companies serve Washington customers constantly. Assume Washington's rule could apply and announce recordings.

Agriculture and equipment dealers

Dealers and co-ops record calls about orders and service. Many customers are in Oregon, Washington or Montana. A single standard notice is easier than training staff on each state.

Contractors and home services

Boise-area builders and service companies take calls from new residents who moved from California and kept their numbers. California requires all-party consent for cellphone calls. The area code is not a reliable guide to where someone is, so treat every call the same.

Employees

Give staff written notice that business calls may be recorded and monitored. That documents consent from your side of the call.

Three Idaho scenarios

A Boise accounting firm records client calls. The accountant is a party and consents, which satisfies § 18-6702(2)(d). A short greeting notice also covers clients who are in Washington or Nevada when they call.

A Post Falls contractor records a dispute call with a Spokane homeowner without saying so. Idaho law allows it. Washington's does not, and Washington's statute treats a recorded announcement as the way to get consent. Announce it.

An employee records a phone call between two coworkers from an adjacent desk. The employee is not a party, and neither coworker consented. That is a felony interception under § 18-6702(1), and each coworker could sue under § 18-6709 for at least $1,000.

Idaho recording checklist

• Recording notice at the start of recorded inbound calls
• Spoken notice on outbound recorded calls, especially to Washington and Montana
• Written employee policy on recording and monitoring
• No interception of calls where no party consents
• No recording for any criminal purpose
• No disclosure of recordings known to be unlawfully made
• Access controls and retention schedule

Example wording is in call recording disclosure scripts.

Recording calls in Idaho with Callata

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