Yes, Kentucky permits recording phone calls under a one-party consent law, meaning only one participant must agree to the recording. State statute KRS 526.020 explicitly allows interceptions if at least one party to the conversation consents. Federal law (18 U.S.C. § 2511) aligns with this standard, preempting stricter state interpretations. However, Kentucky’s Attorney General has warned that recordings used for harassment or illegal purposes violate civil rights statutes. Businesses must also comply with the Kentucky Consumer Protection Act, which prohibits deceptive recording practices.
Key Regulations for Recording Phone Calls in Kentucky
- One-Party Consent Requirement: KRS 526.020 permits recording if any participant (including the recorder) consents, eliminating the need for all-party notification.
- Business Use Restrictions: The Kentucky Consumer Protection Act (KRS 367.170) prohibits recordings that mislead or harass consumers, particularly in debt collection or telemarketing contexts.
- Federal Alignment: While Kentucky’s law governs state-level compliance, businesses must also adhere to the federal Wiretap Act (18 U.S.C. § 2511), which mirrors one-party consent but imposes stricter penalties for illegal interceptions.
Cautionary Note: Kentucky’s courts have not yet addressed whether consent must be express or can be implied. The Kentucky Attorney General’s Office (AGO) advises obtaining explicit verbal or written consent to mitigate legal risks. Additionally, the 2026 Kentucky General Assembly is considering amendments to KRS 526.020 to clarify implied consent standards, pending legislative review.