However, if you are not a participant (like an outsider recording someone else’s call), Utah law says you cannot record the conversation without the consent of at least one party involved.
This rule comes from the Utah Communications Privacy Act under Utah Code § 77-23-1 and related statutes that protect private communications.
What Counts as Consent?
- One-party consent: If you’re involved in the conversation, your consent alone lets you record.
- Implied consent: In some cases, if the other party knows or expects recording (for example, a business call that states it may be recorded), that can count as consent.
- Explicit consent: You can always ask permission first. This is the safest way to avoid legal issues.
Can You Record In-Person Conversations?
Yes, the same consent rules apply to face-to-face talks. If you are part of the conversation, you may record it without telling others under Utah law, but secretly recording private conversations in a way that violates reasonable expectations of privacy could risk civil penalties.
When is Recording NOT Allowed?
- Recording phone calls or conversations to which you are a not a participant, without at least one party’s consent.
- Recording where state or federal law imposes higher protections, such as certain healthcare or financial calls.
- Using recording to harass, threaten, or blackmail someone.
How to Stay Compliant When Recording Calls or Meetings in Utah
- Know your role: Are you part of the call or meeting?
- Get consent if possible: Ask the other parties for permission when practical.
- Notify if required: In some settings (like business customer service calls), a recorded line message satisfies legal notice.
- Avoid misuse: Don’t record calls intending to commit fraud, invasion of privacy, or other illegal acts.
- Secure your recordings: Protect stored recordings to avoid unauthorized access or leaks.
Common Pitfalls to Avoid
- Assuming all parties’ consent without confirmation.
- Sharing or publishing recordings without permission — this can create additional legal issues.
- Not understanding different laws apply if crossing state lines — other states may require all-party consent.
- Recording confidential or privileged conversations (like with your lawyer) can also violate other laws.
What Happens if You Violate Utah’s Recording Laws?
Violating the law can lead to serious consequences including civil lawsuits and criminal penalties. Utah courts take unauthorized recording seriously, especially when done to invade privacy or for harmful purposes.
If facing charges or a dispute about recorded conversations, consulting a Utah attorney experienced in privacy and communications law is important.
Assistance Required?
Need help applying this to your situation? Use our Utah Law checklists and templates, or talk with a Utah attorney for advice tailored to your case. This page provides legal information, not legal advice.
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