Privacy · Recording Consent
Is It Legal to Record a Call in Tennessee?
Whether you can record a conversation in Tennessee, 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 Tennessee
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 |
|---|---|
| One party’s consent is enough | It is lawful for a person not acting under color of law to intercept a communication where that person is a party or where one party has given prior consent. Your own consent counts, so you may record a conversation you are part of. |
| Purpose can defeat the exception | The one-party exception fails if the communication is intercepted for the purpose of committing any criminal or tortious act. Even a participant loses the defense if the recording serves an unlawful end. |
| Phone, in-person, and electronic are covered | The statute reaches wire (phone), oral (in-person), and electronic communications. In-person audio is protected only where the speaker had a justified expectation that the words were not being intercepted. |
| Website tracking was carved out in 2024 | Public Chapter 1045, effective 28 May 2024, added §39-13-601(d), which says the statute does not restrict a business’s vendor disclosures or its use of website and app technology, including cookies and pixels provided by vendors. |
| When it is different | What it means |
|---|---|
| Being a party or having prior consent | A participant, or anyone with one party’s prior consent, may record under §39-13-601(b)(5), so long as the purpose is not criminal or tortious. |
| Parental monitoring software | A parent or legal guardian may install monitoring software on a computer they own if it is intended solely to monitor and record a minor child’s internet use, under §39-13-601(d). |
| Court orders, providers, and public communications | Court-ordered law enforcement interception, provider and switchboard activity in the ordinary course, and electronic communications readily accessible to the general public all fall outside the ban. |
What you can do right now
Concrete, neutral steps before you record a conversation in Tennessee. This is legal information, not legal advice.
- Record your own conversations, but mind your purpose
As a participant you may record under §39-13-601(b)(5). The exception disappears if you record to commit a crime or a tort, so a lawful reason matters.
- Do not rely on old summaries of the civil law
Many sources still describe a Tennessee lawsuit worth $10,000 or $100 a day. That provision was repealed in May 2024. There is no state statutory damages claim now.
- Get consent on cross-state calls
If the other participant is in an all-party state, follow the stricter rule. Asking everyone first removes the exposure.
- Talk to a Tennessee attorney if you are accused
A Class D felony carries years in prison. A licensed Tennessee attorney can assess the criminal-or-tortious-purpose question, and the state attorney general’s office can point you to resources.
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.
→ Tennessee Attorney General and ReporterThis 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 Tennessee
Tennessee is a one-party consent state, so if you are part of a call or conversation you may record it, under Tenn. Code Ann. §39-13-601(b)(5). Two things make Tennessee unusual, and both are recent. First, Tennessee abolished its own illegal-recording lawsuit in 2024. Until 28 May 2024 a victim could claim $10,000 or $100 a day, but the legislature deleted §39-13-603 outright through Public Chapter 1045 and put nothing in its place. Like South Dakota, Tennessee is now a state where illegal recording is a serious felony yet carries no state civil price tag. Second, the same act wrote "cookies and pixels" into the wiretap statute as expressly permitted business technology, one of the first state wiretap laws in the country to name ad-tech in its text, which together shut down website-tracking wiretap class actions in the state. The consent rule itself has a wrinkle worth knowing. Even a participant loses the one-party exception if the recording is made to commit a crime or a tort, so purpose, not just participation, controls. The offense also sits in the criminal code’s "Offenses Against the Person" chapter, alongside assault and kidnapping. Because so many sources have not caught up with the 2024 changes, anyone relying on a pre-June-2024 Tennessee summary will be wrong on the civil side.
Common questions
Can I secretly record my own conversation in Tennessee?
Yes, as long as you are a party and you are not recording to commit a crime or a tort. Tennessee is a one-party consent state under §39-13-601(b)(5).
Can I still sue someone for recording me illegally in Tennessee?
Not under state law. Section 39-13-603 was repealed in May 2024 and nothing replaced it. Consider the federal claim under 18 U.S.C. §2520 and common-law invasion of privacy.
Do Tennessee’s wiretap rules apply to website tracking, cookies, and pixels?
No. Section 39-13-601(d), added in 2024, says the statute does not restrict a business’s vendor disclosures or its website and app technology, including cookies and pixels.
Can a parent install monitoring software on a child’s computer in Tennessee?
Yes. Section 39-13-601(d) carves this out where the parent or guardian owns the computer and the software is solely to monitor a minor child’s internet use.
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.