Utah Call Recording Laws: One-Party Consent

Utah is a one-party consent state: you may record a phone call or conversation you are part of, or one where a participant has given prior consent, unless the purpose is criminal or tortious. Intercepting a call without any party's consent is generally a third degree felony, and civil damages start at $10,000.

For Utah businesses, recording your own customer calls is lawful. Neighboring Nevada, which requires all parties' consent for phone calls, is the main reason to add a notice.

This is general information, not legal advice.

Utah recording law at a glance

Question	Answer in Utah
Consent rule	One party
Main statute	Utah Code § 77-23a-4
Can a participant record without telling others?	Yes, unless for a criminal or tortious purpose
Criminal penalty	Generally a third degree felony
Civil damages	Greater of actual damages plus profits, or $100/day or $10,000 (§ 77-23a-11)
Texts and email	Covered

What the statute says

Utah's Interception of Communications Act is in Title 77, Chapter 23a. Section 77-23a-4(1) prohibits intentionally intercepting wire, electronic or oral communications, and disclosing or using contents known to have been illegally intercepted.

The private-person exception in § 77-23a-4 reads:

"A person not acting under color of law may intercept a wire, electronic, or oral communication if that person is a party to the communication or one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of state or federal laws."

That matches the federal rule in 18 U.S.C. § 2511(2)(d).

The Interception of Communications Act and federal law

Utah's chapter was modeled on the federal Wiretap Act, and the two line up closely. Both allow a party, or someone with a party's prior consent, to record. Both exclude recordings made for a criminal or tortious purpose. Both set civil statutory damages at the greater of $100 a day or $10,000, with actual damages and profits as the alternative. Because the rules match, Utah businesses can follow one standard for state and federal purposes: record only calls your staff are on, and for legitimate reasons such as quality, training and documentation.

In-person conversations

Utah protects oral communications uttered by a person "exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation" (§ 77-23a-3), according to the Reporters Committee for Freedom of the Press (RCFP). A participant may record. Conversations in public, with no such expectation, are not protected.

Texts and email

Utah's definition of electronic communication covers "any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature." One-party consent governs intercepting texts and email in transit.

Penalties

Violation	Statute	Classification
Intercepting, disclosing or using illegally	§ 77-23a-4(1)	Third degree felony, except as below
Certain first offenses involving non-cellular radio communications, not for illegal purpose or commercial gain	§ 77-23a-4	Class A misdemeanor
Same, involving the radio portion of a cellular call	§ 77-23a-4	Class B misdemeanor

The lesser penalties are narrow and tied to radio communications. A business recording phone calls without consent should expect the felony provision to apply.

Civil liability

According to the RCFP, Utah Code § 77-23a-11 lets anyone whose communication was intercepted, disclosed or used in violation of the chapter seek injunctive relief and recover the greater of actual damages plus the violator's profits, or $100 a day for each day of violation, or $10,000, along with punitive damages, attorney's fees and costs.

Calls between Utah and neighboring states

Neighbor	Rule for phone calls
Nevada	All-party for phone calls
Idaho	One-party
Wyoming	One-party
Colorado	One-party
Arizona	One-party
New Mexico (corner)	One-party

Nevada is the outlier. Nevada requires the consent of all parties to record a phone call and makes violations a category D felony. St. George and Salt Lake City businesses serve many Las Vegas customers. Utah's tech, outdoor and direct-sales companies also take calls from California and Washington. Read interstate call recording consent and see the state-by-state table.

Three Utah scenarios

A Lehi software company records sales demos with a notice. Sales reps are parties, and prospects in California and Nevada hear the notice.

A St. George contractor secretly records a call with a Las Vegas customer. Utah allows it. Nevada requires all parties' consent for phone calls. Announce the recording.

A Salt Lake City manager records calls between two employees and a vendor using a hidden feature of the phone system. The manager is not a party and has no consent. That is a third degree felony, and each person recorded could seek at least $10,000.

What this means for Utah businesses

Tech and SaaS

Utah's software companies run large sales and support teams that call nationwide. Announce recordings and treat every call as potentially subject to California's rules.

Direct sales and call centers

Utah hosts many direct-sales and support operations. Build the notice into the call flow, not agent memory.

Outdoor recreation and tourism

Resorts and guides serve out-of-state visitors. A notice on recorded calls covers them.

Healthcare and insurance

Utah's health systems and insurers record member and patient calls. Consent is only one layer: recordings with health information also need access controls, audit trails and a retention schedule that matches your other record-keeping obligations.

Employees

A signed recording and monitoring policy documents your side's consent.

Purpose and documentation

Utah's exception excludes recordings made for a criminal or tortious purpose, so the reason you record matters. A written policy that states your purposes, such as quality assurance, training, accurate records of orders and resolving disputes, helps show legitimate intent if a recording is ever challenged. Recordings made to embarrass or pressure someone, or to gather material for a claim against them without their knowledge, are the ones that put the one-party protection at risk.

Recording sales demos and screen shares

Video demos and screen-share calls capture audio, so Utah's rule applies to them as it does to phone calls. Most meeting tools show a recording indicator and announce when recording starts, which also covers prospects in all-party states. Ask external attendees to confirm at the start, and stop recording if anyone objects.

Utah recording checklist

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

Wording is in call recording disclosure scripts.

Recording calls in Utah with Callata

With recording turned on, Callata plays "This call may be recorded." to both sides as the call connects, inbound and outbound, so Nevada and California callers are informed. Recordings are transcribed and summarized with sentiment and action items on the contact's history. Callata's terms keep consent-law compliance with you. The plan is $99 a month for up to five users, then $20 per additional user, with recording included. Sign up.