In the age of smartphones, Ring cameras, and voice memos, recording a conversation has never been easier. But just because you can hit record doesn’t mean you should—and in Utah, getting it wrong may cost you.
While many people worry about criminal charges for illegal recording (which are serious), there may also be civil liability. In Utah, if you record someone illegally, they may be able to sue you directly—and the price tag for that lawsuit is steeper than you might think.
Here is what you need to know about civil wiretap claims in the Beehive State.
The Golden Rule: Utah is a “One-Party Consent” State
First, the basics. Under Utah Code § 77-23a-4, Utah follows the “one-party consent” rule.
This means that you can legally record a wire, oral, or electronic communication if you are a party to the conversation. You do not need to tell the other person you are recording them. As long as one person in the conversation (you) consents to the recording, it is generally legal.
However, you cannot:
- Leave a recorder running in a room you aren’t in (eavesdropping).
- Tap a phone line to listen to two other people talking.
- Record a conversation for a “criminal or tortious purpose” (e.g., recording someone to blackmail them).
You Can Be Sued for Damages (and it adds up fast)
If you violate the wiretap statute, for example, by bugging your ex-spouse’s car or recording your employees when you aren’t in the room, the victim can file a civil lawsuit against you under Utah Code § 77-23a-11 or under federal law.
This isn’t just a slap on the wrist. The law allows the victim to recover:
- Actual Damages: The actual financial harm they suffered, plus any profits you made from the recording.
- Statutory Damages: If actual damages are hard to prove, the court can award statutory damages. In Utah, this is calculated as $100 a day for each day of violation OR $10,000, whichever is greater.
- Punitive Damages: If the conduct was malicious, the court can make you pay extra to punish you.
- Attorney’s Fees: You could be forced to pay the victim’s attorney’s fees, which may exceed the damages themselves.
Real Life Example: The “Phone Wiretap” Case
You might think civil wiretap suits are rare, but they do happen. A notable example is Thompson v. Dulaney (838 F. Supp. 1535), a federal case out of the District of Utah involving a bitter custody dispute.
- The Action: A mother, who had custody of the couple’s young children (ages 3 and 5), secretly recorded their telephone conversations with the father to gather evidence against him. She did this without the father’s knowledge or consent.
- The Defense: The mother argued that she didn’t need the father’s consent because she gave “vicarious consent” on behalf of the minor children to record the calls.
- The Result: The Utah court ruled that while a parent can theoretically consent for a child, they can only do so if they have a “good faith, objectively reasonable belief” that it is necessary for the child’s welfare. Because there was doubt about her true motives (was it actually for safety, or just to get leverage in the divorce?), the court allowed the father’s federal lawsuit to proceed.
The Warning: This case serves as a critical lesson: even if you think you are “protecting” your children, recording them to get dirt on your ex can get you into trouble. You may have to spend years and a fortune in legal fees just to prove your “good faith” to a jury.
The “Interstate” Trap
Here is a common scenario where Utahns accidentally break the law: The Conference Call.
If you are in Utah (one-party consent) but you are recording a call with someone in California (a two-party consent state), you are entering a legal gray area. While Utah law might say you are safe, the other person could sue you in their home state, arguing their privacy laws were violated.
Best practice: If you are dealing with out-of-state callers, always ask for permission: “Hey, do you mind if I record this for my notes?”
Summary: When to Worry
You might be facing a civil wiretap claim if:
- You recorded a conversation you were not a part of.
- You used a hidden device (bug, hidden camera with audio) in a private place.
Do You Have a Case? Get a Consultation.
Determining if you have been recorded illegally—or if a private line has been crossed—is legally complex. You shouldn’t have to navigate these statutes or fight legal battles alone.
Contact Attorney David Head.
Whether you are gathering evidence for a dispute, facing consumer rights violations, or dealing with a complex legal claim, Attorney David Head can help. David has experience handling complex litigation, ranging from personal injury claims to consumer protection cases.
Contact Information: 📞 801-691-7511