Yes, Indiana permits recording phone calls if at least one party consents, aligning with federal “one-party consent” law under 18 U.S.C. § 2511. State courts consistently uphold this rule, but recent 2026 amendments to Indiana’s Wiretapping Statute (IC 35-31.5-2-175) expand penalties for non-compliance. Businesses must disclose recording practices to avoid litigation risks.
Key Regulations for Recording Phone Calls in Indiana
- One-Party Consent Requirement: Indiana follows federal precedent, allowing recordings if any participant (including the recorder) consents. No universal notice is mandated, but surreptitious recording risks civil liability under IC 35-31.5-2-175.
- All-Party Consent in Certain Contexts: Indiana’s 2026 amendments clarify that recordings in “private conversations” (e.g., attorney-client or healthcare calls) require explicit consent from all parties, regardless of prior disclosure.
- Business & Commercial Use Restrictions: The Indiana Attorney General’s 2025 guidance mandates written disclosure for telemarketing calls under IC 24-4.7-2-101, with violations subject to fines up to $10,000 per incident.
Violations may trigger civil lawsuits under IC 34-13-3-3, with damages capped at $10,000 for negligent recordings and $50,000 for willful violations. Employers must update call-center policies to reflect 2026 statutory changes.