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Wednesday, Jul 15, 2026

In most states, including Wisconsin, is it legal to record a conversation without the other person’s consent?

Tom Kertscher / Wisconsin Watch, Wisconsin Watch
yes

Generally it’s legal in 38 states, including Wisconsin, to record a conversation between two parties if at least one of them consents.

It generally would not be legal for a third party to record a conversation between two people, unless one of the two consented.

There are exceptions, said Wisconsin attorney Maxted Lenz. For example, two people talking loudly on a public bus don’t have an expectation of privacy. If a third party recorded them, it would not violate Wisconsin’s one-party law.

The law is not clear if a person in a one-party state wants to record a call with a person in a two-party state.

The Reporters Committee for the Freedom of the Press says reporters should assume that the two-party state law applies.

This fact brief is responsive to conversations such as this one.

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