Is Recording Phone Calls Legal in South Carolina After the 2026 Framework Overhaul?

Yes, South Carolina permits recording phone calls under a one-party consent law, allowing individuals to record conversations they participate in without informing other parties.

Recording phone calls in South Carolina is legal if at least one party to the conversation consents, aligning with the state’s South Carolina Code § 17-30-20. This statute reflects a broader trend in Southern jurisdictions favoring flexible consent rules, though federal compliance remains critical for interstate calls. The South Carolina Law Enforcement Division (SLED) enforces no additional statewide recording mandates, but entities must adhere to the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) for automated or commercial calls. Recent 2026 draft amendments to the South Carolina Consumer Protection Code propose stricter penalties for unauthorized recordings in business contexts, signaling a shift toward heightened accountability.


Key Regulations for Recording Phone Calls in South Carolina

  • One-Party Consent Rule: Only one participant in the call must consent to recording; South Carolina does not require informing or obtaining permission from other parties (S.C. Code § 17-30-20).
  • Federal Overrides for Interstate Calls: If the call crosses state lines, the stricter FCC Part 64 rules apply, mandating dual consent for interstate recordings under 18 U.S.C. § 2511.
  • Business and Commercial Call Restrictions: Entities recording calls for telemarketing or debt collection must comply with the TCPA and the South Carolina Consumer Protection Code, which prohibits deceptive recording practices and imposes civil penalties up to $10,000 per violation under proposed 2026 amendments.