This information is provided for the sole purpose of encouraging thought for a starting point discussion with your legal counsel, before recording telephone conversations. The information provided here is not legal advice of Arizona Recording Laws, and it is in no way intended as a substitute for legal counsel. Always consult with a licensed attorney(s) in the relevant state(s) if you have questions about the legal implications of recording phone conversations.
Arizona is a “one-party” state, with regards to recording telephone conversations. In general, we believe this means that consent is required by at least one (and only one) party prior to recording. Recording without the consent of at least one party is likely to be a felony, except in special circumstances, or with specific exemption. Before recording business telephone conversations, whether for later dispute resolution or quality assurance, always consult with your legal counsel to ensure that legal and appropriate consent is obtained, and that employees and/or customers are properly notified (where required).
Below, are excerpted sections of the Arizona Revised Statutes that we believe apply to recording business telephone conversations.
Arizona Recording Laws
ARS 13-3005 A.1,2 – Requirement for consent of either a sender or receiver
ARS 13-3008 A. – Requirement for intent of lawful use to possess “interception” equipment
ARS 13-3012 9. – Exemptions for consent of a party to the communication, or a person who is present during the communication
Title 13 – Criminal Code
Chapter 30 EAVESDROPPING AND COMMUNICATIONS
13-3005. Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptions
A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either:
1. Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs, procures or permits another to so do, without the consent of either a sender or receiver thereof.
2. Intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to so do, without the consent of a party to such conversation or discussion.
13-3008. Possession of interception devices; classification
A. It is unlawful for a person to have in his possession or control any device, contrivance, machine or apparatus designed or primarily useful for the interception of wire, electronic or oral communications as defined in section 13-3001 with the intent to unlawfully use or employ or allow the device, contrivance, machine or apparatus to be used or employed for the interception, or having reason to know the device, contrivance, machine or apparatus is intended to be so used.
9. The interception of any wire, electronic or oral communication by any person, if the interception is effected with the consent of a party to the communication or a person who is present during the communication, or the installation of a pen register or trap and trace device with the consent of a user or subscriber to the service.
A complete online reference to Arizona Recording Laws is available at Arizona State Legislature.
We always recommend consulting your legal counsel. There may be differing state, local, and federal laws about recording, and required consent, and if you record phone conversations with one or more parties in other states, we believe you’ll be subject to the laws in those other states (the party in the other state is subject to protection under the law of the state they are in). Please, seek the advice of licensed legal counsel and plan appropriately before recording.
The information provided above is not legal advice, and it is in no way intended as a substitute for legal counsel about Arizona Recording Laws. Always consult with a licensed attorney(s) in the relevant state(s) if you have questions about the legal implications of recording phone conversations.