Illinois Call Recording Laws: All-Party Consent

Illinois requires the consent of all parties to record a private conversation, including a phone call. Under 720 ILCS 5/14-2, even a participant commits eavesdropping by recording a private conversation "in a surreptitious manner" without the consent of all other parties, and a first offense is a Class 4 felony.

The 2014 version of the statute, which replaced a broader law the Illinois Supreme Court struck down, focuses on secret recording of conversations people reasonably expect to be private. For a business, the answer is straightforward: announce the recording, and nothing about it is secret.

This is general information, not legal advice.

Illinois recording law at a glance

Question	Answer in Illinois
Consent rule	All parties, for private conversations
Main statute	720 ILCS 5/14-2
Key element	Recording "in a surreptitious manner"
Criminal penalty	Class 4 felony (first offense); Class 3 (repeat)
Civil remedy	Injunction, actual and punitive damages (14-6)
Texts and electronic communications	All-party consent to intercept surreptitiously

What the statute says

720 ILCS 5/14-2(a) says a person commits eavesdropping when they knowingly and intentionally:

1. use an eavesdropping device, in a surreptitious manner, to overhear, transmit or record any part of a private conversation they are not a party to, unless all parties consent;
2. use an eavesdropping device, in a surreptitious manner, to transmit or record any part of a private conversation they are a party to, unless all other parties consent;
3. intercept, record or transcribe, in a surreptitious manner, a private electronic communication they are not a party to, unless all parties consent;
4. make or possess a device primarily useful for surreptitious recording, intending unlawful use; or
5. use or disclose information they know or reasonably should know was obtained in violation of the Article, unless all parties consent.

Paragraph (2) is what makes Illinois an all-party state for participants.

What "private conversation" means

Section 14-1(d) defines a private conversation as an oral communication between two or more people, in person or by wire, "when one or more of the parties intended the communication to be of a private nature under circumstances reasonably justifying that expectation." A customer calling about their account, medical issue or legal problem will usually have that expectation.

Why "surreptitious" matters

The current law punishes secret recording. A recording that every party has been told about is not surreptitious. That is why a clear recording announcement at the start of a call is the foundation of Illinois compliance.

Why the 2014 rewrite matters

Before 2014, Illinois made it a crime to record almost any conversation without everyone's consent, even one with no expectation of privacy. In 2014 the Illinois Supreme Court struck down that version in People v. Clark and People v. Melongo, holding it was too broad. The legislature responded with Public Act 98-1142, which added the "surreptitious" and "private conversation" elements found in today's statute. The practical result: openly announced recordings and conversations with no reasonable expectation of privacy are outside the offense, while secret recordings of private calls remain felonies.

The marketing and solicitation exemption

Section 14-3(j) contains a narrow exemption for businesses engaged in telephone solicitation or marketing and opinion research. It allows monitoring of employees' solicitation calls for quality control, training or internal research with the consent of at least one active party, but:

• recordings under the exemption may not be divulged to third parties or used in any proceeding;
• recording of unrelated conversations must stop and be destroyed;
• employees must get notice that monitoring may occur; and
• employees must have access to personal-only phone lines that are not monitored.

"Telephone solicitation" covers live operators selling, taking orders, assisting with goods or services, or handling bank or retail credit accounts. The exemption is restrictive. Most businesses will find it simpler to announce recording to everyone.

Penalties

Offense	Statute	Classification
Eavesdropping, first offense	14-4(a)	Class 4 felony
Eavesdropping, second or subsequent	14-4(a)	Class 3 felony
Eavesdropping on police, prosecutors or judges performing duties	14-4(b)	Class 3 felony; Class 2 for repeat

According to the Reporters Committee for Freedom of the Press (RCFP), a first offense carries one to three years in prison and up to a $25,000 fine.

Civil liability

Section 14-6 gives any or all parties to a conversation subjected to eavesdropping the right to:

• an injunction against further eavesdropping;
• all actual damages against the eavesdropper or their principal, or both;
• punitive damages; and
• actual and punitive damages against a landlord, owner, building operator or common carrier who aids, abets or knowingly permits the eavesdropping.

"Or his principal" matters for employers: a business can be liable for an employee's eavesdropping done on its behalf.

Calls between Illinois and other states

Neighboring state	Rule for phone calls
Wisconsin	One-party
Iowa	One-party
Missouri	One-party
Kentucky	One-party
Indiana	One-party

Every neighbor is one-party, but Illinois's rule protects Illinois residents. An Indiana or Wisconsin company recording calls with customers in Chicago should get consent from all parties. Read interstate call recording consent and see the state-by-state recording table.

Three Illinois scenarios

A Chicago law firm records intake calls with a greeting notice. Callers know the call is recorded, so the recording is not surreptitious. Callers who object can ask not to be recorded.

A Springfield salesperson secretly records a call with a prospect to "keep notes." The salesperson is a party, but the recording is secret and the prospect likely expected privacy. That fits § 14-2(a)(2), a Class 4 felony, and the business may share civil liability as the principal.

A call center monitors solicitation calls under § 14-3(j). That can be lawful if all the exemption's conditions are met, including employee notice and unmonitored personal lines, but the recordings cannot be used in any proceeding.

Employers and the principal rule

Because § 14-6 lets parties recover against the eavesdropper "or his principal," Illinois employers should treat secret recording by employees as a business risk, not just an individual one. A written rule that staff may not record calls or meetings on personal devices without announcing it, combined with an announced recording on the business phone system, closes the most common gap.

Illinois recording checklist

• Recording announcement before conversation on recorded inbound calls
• Spoken disclosure at the start of outbound recorded calls
• No secret recording by staff on personal phones
• Written employee notice of recording and monitoring
• If relying on § 14-3(j), all conditions met, including personal lines
• Callers who object are not recorded
• Access controls and retention schedule

Wording is in call recording disclosure scripts.

Recording calls in Illinois with Callata

Callata's recording is announced, not secret. When recording is on, both sides hear "This call may be recorded." as the call connects, inbound and outbound. Recorded calls are transcribed and summarized with sentiment and action items on the contact's history. Callata's terms keep compliance with consent laws your responsibility. The plan is $99 a month for up to five users, then $20 per additional user, with recording included. Sign up.