Privacy · Recording Consent
Is It Legal to Record a Call in Minnesota?
Whether you can record a conversation in Minnesota, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Minnesota
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| Party or one-party consent is the safe harbor | Subdivision 2(d) makes interception lawful where you are a party, or where one of the parties has given prior consent, so recording a call you are on is permitted. |
| The purpose cannot be criminal or tortious | The one-party exception is lost if the communication is intercepted for the purpose of committing any criminal or tortious act, tracking the federal model. |
| In-person audio must be private | Section 626A.01 defines "oral communication" as speech uttered with an expectation that it is not subject to interception under circumstances justifying that expectation. No such qualifier attaches to wire or electronic communications. |
| When it is different | What it means |
|---|---|
| Publicly uttered speech | Because "oral communication" requires a reasonable expectation of privacy, in-person speech uttered where no one could expect privacy is outside the statute. |
| Carriers and service providers | Subdivision 2 exempts communications-carrier and service-provider activity carried out in the normal course of business. |
| Good-faith reliance on legal authority | Section 626A.13 makes good-faith reliance on a court order, warrant, subpoena or statutory authorization a complete defense to a civil action. |
What you can do right now
Concrete, neutral steps before you record a conversation in Minnesota. This is legal information, not legal advice.
- Record calls you are part of, for a clean purpose
As a party you may record under subd. 2(d), provided your purpose is not criminal or tortious. Record to keep an accurate account, not to further a wrong.
- Ask whether the in-person speech was private
Minnesota’s "oral communication" reaches only speech uttered with a reasonable expectation of privacy, so a conversation in a coffee shop where no one expects privacy may fall outside the law.
- Do not plant a device where no one consents
The exception protects a party or a third party with a party’s consent. Planting a device to capture a conversation nobody agreed to record is the core offense under subd. 1.
- Talk to a Minnesota attorney or the Attorney General
Illegal interception can bring a $20,000 fine and five years, plus steep civil damages. A licensed Minnesota attorney can assess the purpose question, and the Minnesota Attorney General’s Office handles referrals.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Minnesota Attorney General’s OfficeThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Minnesota
Minnesota is a straightforward one-party consent state on the headline, but its numbers make it stand out. Minn. Stat. § 626A.02, subd. 2(d) uses the standard federal-model formula: it is lawful for a private person to intercept a wire, electronic or oral communication where that person is a party, or where one party has given prior consent, unless the interception is made for the purpose of committing a criminal or tortious act. So you may record a call you are on without telling the other side, as long as your purpose is not itself a wrong. In-person audio carries a privacy qualifier that phone calls do not: "oral communication" reaches only speech uttered with a reasonable expectation of privacy, so a conversation in a coffee shop where no one expects privacy can fall outside the statute. Where Minnesota diverges from most one-party states is the remedy. The criminal penalty is a $20,000 fine or up to five years, and the civil damages formula is one of the most generous in the country: the greater of three times actual damages plus the violator’s profits, or $100 a day or $10,000, whichever is greater, plus attorney fees, with a two-year clock to sue. That $10,000 alternative floor is ten times the $1,000 used in Maryland, Louisiana, Mississippi and Massachusetts. Minnesota also files its recording law in chapter 626A, "Privacy of Communications," inside the criminal-procedure title next to the wiretap-warrant rules rather than in the criminal code.
Common questions
Can I record a phone call in Minnesota without telling the other person?
Yes. Minnesota is a one-party consent state. Section 626A.02, subd. 2(d) lets you intercept a communication you are a party to, or with one party’s consent, unless you are recording for a criminal or tortious purpose.
What does "criminal or tortious purpose" mean in Minnesota?
It refers to recording in order to commit a crime or a tort, such as blackmail or an invasion of privacy. Recording to keep an honest account of a conversation you are part of is not a criminal or tortious purpose.
How much can I recover if someone illegally recorded me in Minnesota?
Section 626A.13 allows the greater of three times actual damages plus the violator’s profits, or $100 a day per day of violation or $10,000, plus punitive damages and attorney fees. You have two years to sue.
Does the law cover a conversation in a coffee shop in Minnesota?
Only if it was private. "Oral communication" reaches speech uttered with a reasonable expectation of privacy, so a conversation in a public place where anyone could overhear may fall outside the statute.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.