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Iowa Call Recording Laws: One-Party Consent

Iowa allows recording a call you're on, or with one party's consent, under Iowa Code 808B.2 and 727.8. Class D felony penalties, civil damages, checklist.

Iowa is a one-party consent state: you may record a phone call or conversation you take part in, or one where a participant has given prior consent. Intercepting a call without any participant's consent is a class D felony, and recording for a criminal, tortious or "other injurious" purpose is unlawful even with consent.

Iowa has two overlapping laws, an interception statute in Chapter 808B and an older eavesdropping statute in § 727.8. Both reach the same answer for businesses: you can record your own calls.

This is general information, not legal advice.

Iowa recording law at a glance

Question Answer in Iowa
Consent rule for phone calls One party
Interception statute Iowa Code § 808B.2 (class D felony)
Eavesdropping statute Iowa Code § 727.8 (serious misdemeanor)
Can a participant record without telling others? Yes
Purpose limit Not for a criminal, tortious or other injurious act
Civil damages At least $100/day or $1,000; punitive damages for willful violations (§ 808B.8)

The interception statute: Chapter 808B

Iowa Code § 808B.2(1) makes it a class D felony to willfully intercept a wire, oral or electronic communication, use certain devices to intercept oral communications, or disclose or use the contents of a communication knowing it was illegally intercepted.

The one-party exception is § 808B.2(2)(c):

"It is not unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication if the person is a party to the communication or if one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing a criminal or tortious act ... or for the purpose of committing any other injurious act."

As in Washington, DC, Iowa's "other injurious act" language goes beyond federal law, which only excludes criminal or tortious purposes.

The eavesdropping statute: § 727.8

Section 727.8(2) makes it a serious misdemeanor for anyone "having no right or authority to do so" to tap a phone line or use any electronic or mechanical means to listen to, record or intercept "a conversation or communication of any kind."

Section 727.8(3) then excludes:

  • a sender or recipient of a message, or someone openly present and participating in or listening to a communication, recording it;
  • use of a radio or television receiver; and
  • use of a "monitoring device," defined as a video or audio device placed outside a person's own dwelling or structure, not in a shared hallway, on property they own or lease, to prove or prevent criminal activity.

The Iowa Supreme Court held in State v. Fox (1992) that a non-party has "authority" to record under § 727.8 when they have one party's consent, aligning the two statutes, according to the Reporters Committee for Freedom of the Press (RCFP).

Penalties

Violation Classification Sentence
Interception, disclosure or use (§ 808B.2) Class D felony Up to 5 years; fine $1,025 to $10,245 (§ 902.9)
Eavesdropping (§ 727.8) Serious misdemeanor Up to 1 year; fine $430 to $2,560 (§ 903.1)

Civil liability

Iowa Code § 808B.8 gives anyone whose communication is intercepted, disclosed or used in violation of Chapter 808B a civil cause of action. They may recover:

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

Good-faith reliance on a court order is a complete defense.

Texts and email

Chapter 808B's definition of electronic communication covers "any transfer of signals, signs, writing, images, sounds, data, or intelligence of any nature," according to the RCFP. Intercepting texts or email in transit without a party's consent is covered by the same felony statute.

Calls between Iowa and neighboring states

Neighboring state Rule for phone calls
Illinois All-party for private conversations
Minnesota One-party
Wisconsin One-party
Missouri One-party
Nebraska One-party
South Dakota One-party

Illinois is the exception. Quad Cities and Dubuque businesses deal with Illinois customers daily, and Illinois makes it a felony for a party to secretly record a private conversation without the other parties' consent. Read interstate call recording consent and see the state-by-state recording table.

Three Iowa scenarios

A Des Moines insurance office records policy calls. The agent is a party, so § 808B.2(2)(c) applies. A greeting notice covers clients who are in Illinois or traveling.

A Davenport contractor secretly records a call with a Moline customer. Iowa permits it. Illinois treats a party's secret recording of a private conversation as eavesdropping. Announce the recording.

A farm operation puts a camera with audio on its own machine shed. If it is outside a structure on owned or leased property, not in a shared hallway, and used to prevent or prove crime, it can be a "monitoring device" under § 727.8. Capturing private conversations of people inside someone else's space is different.

What this means for Iowa businesses

Agriculture and co-ops

Grain marketing and input orders happen by phone, and recordings help settle disputes about price and quantity. Record openly with a notice at the start.

Insurance and financial services

Iowa's insurance industry records many calls. Keep recordings in a controlled system with access limits and a retention schedule.

Employees

A signed policy that business calls are recorded documents your side's consent and sets expectations.

Monitoring devices and security cameras

As amended in 2018 (2018 Acts, ch 1102), § 727.8 includes a "monitoring device" exception that covers devices such as doorbell and security cameras that record audio. It is narrow: the device must be outside your own dwelling or structure, not in a shared hallway, on property you own or lease, and used to prove or prevent criminal activity. A camera with a microphone inside an office break room is not covered by it. Businesses using audio-capable cameras should check placement against that definition, and post notice where people might speak.

Iowa recording checklist

  • Recording notice at the start of recorded inbound calls
  • Spoken notice on outbound recorded calls, especially to Illinois
  • Signed employee recording and monitoring policy
  • Recordings made for legitimate business purposes only
  • No interception of calls, texts or email you are not party to
  • Callers who object are not recorded
  • Access controls and retention schedule

Wording is in call recording disclosure scripts.

Recording calls in Iowa with Callata

With recording on, Callata plays "This call may be recorded." to both sides as the call connects, on inbound and outbound calls. Recorded calls are transcribed and summarized with sentiment and action items on the contact's record. Callata's terms keep consent-law compliance with you. Plans start at $99 a month with five users included and $20 for each additional user, and recording is part of the plan. Sign up.

Frequently asked questions

Is Iowa a one-party consent state?

Yes. Iowa Code § 808B.2(2)(c) says it is not unlawful for a person to intercept a communication they are a party to, or that one party has consented to, unless it is for a criminal, tortious or other injurious purpose. Iowa's eavesdropping law, § 727.8, also exempts a sender or recipient recording a message.

What is the penalty for illegally intercepting a call in Iowa?

Violating § 808B.2(1) is a class D felony, which carries up to five years and a fine of $1,025 to $10,245 under § 902.9. Eavesdropping under § 727.8 is a serious misdemeanor, with up to one year and a fine of $430 to $2,560.

Can I sue for being recorded illegally in Iowa?

Yes. Iowa Code § 808B.8 allows actual damages of at least $100 a day or $1,000, whichever is higher, punitive damages for willful, malicious or reckless violations, and attorney fees.

Are doorbell cameras legal under Iowa's eavesdropping law?

Section 727.8 excludes a 'monitoring device' placed outside a person's own dwelling, not in a shared hallway, on property they own or lease, used to prove or prevent criminal activity.