Kentucky Call Recording Laws: One-Party Consent

Kentucky is a one-party consent state: you can record a phone call or conversation if you are part of it, or if at least one participant consents. Eavesdropping on the communications "of others" without any party's consent is a Class D felony.

Kentucky's law is short and has no civil remedy of its own, but its felony classification makes careless recording risky. Its northern neighbor, Illinois, is also an all-party state.

This is general information, not legal advice.

Kentucky recording law at a glance

Question	Answer in Kentucky
Consent rule	One party
Definition	KRS 526.010
Offense	KRS 526.020 (eavesdropping)
Can a participant record without telling others?	Yes
Criminal penalty	Class D felony
Installing an eavesdropping device	Felony (KRS 526.030)
Divulging illegally obtained information	Misdemeanor (KRS 526.060)
Civil remedy in the statute	None

What the statute says

Kentucky's eavesdropping law has two key sections. KRS 526.010 is the definition:

"'Eavesdrop' means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device."

KRS 526.020 is the offense: a person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time. Eavesdropping is a Class D felony.

The phrase "of others" means the law targets people listening to or recording communications between other people. A party to a call is not eavesdropping on others, and a third party with one participant's consent is not either.

Phone calls and in-person conversations

The definition covers both "wire" communications (phone calls) and "oral" communications (in-person conversations). According to the Reporters Committee for Freedom of the Press (RCFP), the statute does not expressly require an expectation of privacy, but the official commentary notes that it requires a device: a conversation loud enough to be heard through a wall without any device is not protected. The commentary describes protected oral communications as those that "cannot be overheard by the ordinary ear."

Installing devices

KRS 526.030 separately makes it a felony to install an eavesdropping device in a place intending that it be used to overhear or record conversations without at least one party's consent. A hidden recorder in an office, vehicle or home can be a crime even before it captures anything.

Penalties

According to the RCFP:

Violation	Statute	Penalty
Eavesdropping	KRS 526.020	Class D felony: 1 to 5 years, fine $1,000 to $10,000
Installing an eavesdropping device	KRS 526.030	Felony
Using or divulging illegally obtained information	KRS 526.060	Misdemeanor: up to 1 year, $500 fine

Civil liability

The RCFP reports that Kentucky's statute does not authorize civil lawsuits. That does not end the analysis:

• The federal Wiretap Act allows civil suits for unlawful interceptions under 18 U.S.C. § 2520.
• Invasion of privacy and related torts can apply to secret recording.
• If the call involves someone in an all-party state, that state's civil remedies may apply.

Federal law is also one-party consent under 18 U.S.C. § 2511(2)(d), unless the recording is for a criminal or tortious purpose.

Why the felony classification matters

Many states treat a participant's recording as lawful and a third party's secret recording as a misdemeanor. Kentucky treats eavesdropping on others as a Class D felony, the same class as many theft and drug offenses. That raises the stakes for common workplace situations: a manager listening on an extension, an owner recording a business partner's calls, or an employee leaving a phone recording in a meeting they walked out of. Each can move from "one-party consent" to "eavesdropping on others" the moment no participant is involved in the recording.

Calls between Kentucky and neighboring states

Neighboring state	Rule for phone calls
Illinois	All-party for private conversations
Indiana	One-party
Ohio	One-party
West Virginia	One-party
Virginia	One-party
Tennessee	One-party
Missouri	One-party

Paducah and western Kentucky businesses deal regularly with southern Illinois, where a party's secret recording of a private conversation is a felony. Louisville and northern Kentucky businesses serve Indiana and Ohio, which are one-party. Read interstate call recording consent and see the state-by-state recording table.

Three Kentucky scenarios

A Lexington horse-sales agency records calls with buyers. The agent is a party, so there is no eavesdropping on "others." Buyers often call from California, Florida and abroad, so the agency announces recording on every call.

A Louisville business owner puts a recorder in the break room to hear what staff say. The owner is not a party and no participant consented. That is eavesdropping under KRS 526.020, and installing the device can violate KRS 526.030.

A Paducah contractor secretly records a call with a customer in Metropolis, Illinois. Kentucky allows it. Illinois prohibits a party from surreptitiously recording a private conversation without the other party's consent. Announce the recording.

What this means for Kentucky businesses

Bourbon, tourism and hospitality

Distilleries, tour companies and hotels take calls from visitors nationwide. A recording notice keeps you compliant with the strictest state a caller could be in.

Logistics and distribution

Northern Kentucky's distribution centers and Louisville's logistics companies record operations calls. Record your own lines openly and keep recordings in a controlled system.

Healthcare

Recordings with patient details need access controls and retention rules.

Employees

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

Commentary and devices

Kentucky's official commentary explains that the statute requires a device, so a conversation loud enough to hear through a wall without one is not protected. That cuts both ways for businesses: an employee who overhears a loud conversation has not committed eavesdropping, but anyone who uses a phone, recorder or app to capture a private conversation between others, without a participant's consent, has. The difference between overhearing and recording is the difference between nothing and a Class D felony.

Kentucky 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
• No recording of others' conversations without a participant's consent
• No hidden recording devices in offices, break rooms or vehicles
• No use or sharing of illegally obtained recordings
• Access controls and retention schedule

Wording is in call recording disclosure scripts.

Recording calls in Kentucky with Callata

When recording is on in Callata, 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, saved to the contact's history. Callata's terms leave consent-law compliance with you. Recording is included in Callata Office, which is $99 a month for up to five users and $20 a month for each additional user. Sign up.