Can I legally record a phone call or conversation in Tennessee?

Tennessee's Electronic Surveillance Act follows the federal one-party consent rule.

1. Consent Rule

Tenn. Code Ann. § 39-13-601(a) prohibits intentional interception of wire, oral, or electronic communications. § 39-13-601(b)(5) exempts a person who is a party to the communication or who has obtained the prior consent of one party — establishing one-party consent.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 mirrors Tennessee's one-party standard.

3. In-Person vs Electronic

"Oral communication" under § 40-6-303(14) requires a justifiable expectation that the communication is not subject to interception. Wire and electronic communications are protected regardless of privacy expectation.

4. Cross-Border Calls

A Tennessean recording a call with someone in an all-party state (FL, CA, IL, MA, MD, PA, WA) may face civil liability in that state. The stricter state's law often governs cross-border recordings.

5. Criminal Penalties

Violation of § 39-13-601 is a Class D felony — 2 to 12 years in prison and a fine up to $5,000. Disclosure or use of illegally intercepted material is also a Class D felony.

6. Civil Liability

Tenn. Code Ann. § 39-13-603 provides civil action for actual and punitive damages, $100/day or $1,000 whichever is greater, reasonable attorney fees, and litigation costs. Federal § 2520 provides parallel relief.

7. Exceptions

Party consent; law enforcement under court order under Title 40, Chapter 6, Part 3; service provider monitoring; FCC-authorized monitoring; recording not for criminal or tortious purpose; police body cameras.

8. Video / Surveillance

Tenn. Code Ann. § 39-13-605 (unlawful photography) is a Class A misdemeanor for photographing intimate areas without consent, elevated to a Class E felony if the subject is a minor.

This is legal information, not legal advice.