Nevada Call Recording Laws: All-Party for Phone Calls

Nevada requires the consent of all parties to record a phone call, but only one party's consent to record an in-person conversation. The phone rule comes from NRS 200.620 as read by the Nevada Supreme Court, and violating it is a category D felony with civil damages of at least $1,000.

That split surprises people. A Las Vegas business can record a face-to-face meeting it takes part in, but recording a phone call with the same person needs everyone's consent.

This is general information, not legal advice.

Nevada recording law at a glance

Question	Answer in Nevada
Phone calls	All parties (NRS 200.620; Lane v. Allstate)
In-person conversations	One party (NRS 200.650)
Cellphone calls and texts	Covered (Sharpe v. State, 2015)
Criminal penalty	Category D felony: 1 to 4 years, up to $5,000
Civil damages	Actual damages, or $100/day but not less than $1,000; punitive damages; fees (NRS 200.690)

The phone statute: NRS 200.620

NRS 200.620(1) says it is unlawful for any person to intercept or attempt to intercept any wire communication unless:

"(a) The interception or attempted interception is made with the prior consent of one of the parties to the communication; and (b) An emergency situation exists and it is impractical to obtain a court order..."

The two conditions are joined by "and." One-party consent alone is not enough; the statute's one-party path is tied to emergencies and requires a written application for court ratification within 72 hours.

In Lane v. Allstate Insurance Co. (1998), the Nevada Supreme Court held that recording a phone call without the consent of all parties violates NRS 200.620. Nevada is therefore treated as an all-party state for phone calls.

Cellphones and texts

According to the Reporters Committee for Freedom of the Press (RCFP), the Nevada Supreme Court held in Sharpe v. State (2015) that the requirement applies to cellphone calls and text messages, which travel partly over wired networks.

Carriers

NRS 200.620(2) exempts communications service providers intercepting to build, maintain or operate their services. It does not cover businesses recording their own customer calls.

The in-person statute: NRS 200.650

NRS 200.650 says a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording any private conversation "engaged in by the other persons," or disclose what was heard, unless authorized by one of the persons engaging in the conversation. A participant may record an in-person conversation, and so may someone with a participant's authorization.

Why the phone and in-person rules differ

The two Nevada statutes were written separately. NRS 200.620 governs "wire communications," meaning phone calls, and builds its one-party path around emergencies and court ratification. NRS 200.650 governs private conversations "engaged in by the other persons," language aimed at outsiders, so a participant may record in person. The Nevada Supreme Court's reading in Lane left the phone statute as the stricter of the two. For business phone systems, only the phone rule matters, and it requires everyone's consent.

Penalties

NRS 200.690(1)(a) makes a willful and knowing violation of NRS 200.620 to 200.650 a category D felony. Under NRS 193.130, that means one to four years in state prison and a fine of up to $5,000.

Violation	Statute	Penalty
Recording a phone call without all-party consent	200.620, 200.690	Category D felony
Surreptitiously recording others' private conversation	200.650, 200.690	Category D felony
Disclosing illegally obtained contents	200.630, 200.650	Felony

Civil liability

NRS 200.690(1)(b) makes a violator liable to a person whose wire or oral communication was intercepted without consent for:

1. actual damages, or liquidated damages of $100 per day of violation but not less than $1,000, whichever is greater;
2. punitive damages; and
3. costs, including a reasonable attorney's fee.

Calls between Nevada and neighboring states

Neighbor	Rule for phone calls
California	All-party
Oregon	One-party for phone calls
Idaho	One-party
Utah	One-party
Arizona	One-party

Nevada's biggest customer market, California, is also an all-party state, with $5,000 statutory damages per violation. Utah and Arizona are one-party, but their businesses should still get consent when calling Nevadans. Read interstate call recording consent and see the state-by-state table.

Three Nevada scenarios

A Las Vegas hotel's reservation center announces recording on every call. Callers from Nevada and California hear the notice and continue, satisfying all-party consent.

A Reno contractor records a phone call with a client on a cellphone app without saying so. Nevada law requires all parties' consent for phone calls. That is a category D felony risk and a civil claim for at least $1,000.

A Henderson manager records an in-person performance meeting on a phone in plain view. In-person recording by a participant is allowed under NRS 200.650, and an open device is not surreptitious. A company policy may still require notice.

What this means for Nevada businesses

Hospitality and gaming

Resorts, casinos and event venues take enormous call volumes from Californians. Announce recordings before any conversation.

Real estate and property management

Many Nevada buyers and tenants are relocating from California. Disable silent auto-recording apps on agents' phones.

Call centers and outsourced support

Nevada hosts customer support operations for national brands. If your team answers calls for clients in other states, each call can involve Nevada's all-party rule on your side and the caller's state rule on theirs. An announcement at the start of every call is the one policy that works for both, and it should be built into the call flow rather than left to agents.

Employees

Employees on recorded calls are parties too. Get written consent from staff to recording of business phone calls.

Consent from callers who use speakerphone

When a caller is on speakerphone with others in the room, everyone who can be heard is effectively a party. Nevada's all-party rule for phone calls means each of them should know the call is recorded. An announcement at the start reaches everyone who is listening then; if more people join on the caller's side, repeat it. The same applies on your side when staff put a customer on speaker in a shared office.

Nevada recording checklist

• Recording notice before conversation on all recorded inbound calls
• Disclosure in the opening line of outbound recorded calls
• No silent auto-record apps on staff phones
• Written employee consent to phone recording
• Third parties joining a call are told
• Callers who object are not recorded
• Access controls and retention schedule

Wording is in call recording disclosure scripts.

Recording calls in Nevada with Callata

Callata announces recordings automatically. With recording turned 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 consent-law compliance with you, including telling anyone added later. The plan is $99 a month for up to five users, then $20 per additional user, with recording included. Sign up.