Is Recording Phone Calls Legal in Colorado After the 2026 Law Changes?

Yes, Colorado permits recording phone calls if at least one party consents, aligning with the state’s “one-party consent” law under C.R.S. § 18-9-304. This statute allows individuals to record conversations where they participate or have prior knowledge, without notifying other parties. Federal law (18 U.S.C. § 2511) mirrors this standard, but Colorado’s enforcement is overseen by the Colorado Attorney General’s Office, which has emphasized compliance with digital communication regulations. Recent 2026 legislative proposals aim to clarify penalties for unauthorized recordings, particularly in corporate and healthcare sectors.


Key Regulations for Recording Phone Calls in Colorado

  • One-Party Consent Requirement: C.R.S. § 18-9-304 mandates that only one participant in a call must consent to recording. Explicit notice is not required, but surreptitious recording for illegal purposes (e.g., wiretapping) remains prohibited under federal wiretap laws.
  • Business and Employment Contexts: The Colorado Department of Labor and Employment (CDLE) enforces recording policies in workplaces. Employers must disclose monitoring practices in writing under the Colorado Privacy Act (CPA), effective 2025, to avoid litigation risks.
  • Prohibited Interceptions: Recording calls where no party is aware or where the intent is to commit a crime (e.g., extortion) violates both state and federal statutes, with penalties including fines up to $10,000 and imprisonment under C.R.S. § 18-9-305.