Call Recording Laws in Georgia

Plain-English summary

Georgia’s rule depends on the medium. For telephone conversations, O.C.G.A. § 16-11-66 expressly permits a participant to record without the other party’s consent. For in-person oral conversations, § 16-11-62(2) prohibits using a device to record a private conversation, and Georgia case law has applied this provision to participant recording in some private settings.

In practice, Georgia is one-party for telephone calls and somewhat more restrictive for in-person recordings. A participant recording an ordinary phone call in Georgia is generally lawful; an in-person recording in a private setting may require additional caution.

Case law of note

No appellate decision in Georgia has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

In-person vs. phone. Different rule — § 16-11-62(2) prohibits recording private conversations without consent in private settings, even by a participant in some readings
Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Georgia appellate decision on the question.
Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Felony under § 16-11-66; 1–5 years.

Civil: Yes — § 16-11-67 makes evidence inadmissible; common-law claims available.

Evidence: a recording made in violation of the Georgia statute is generally inadmissible in Georgia proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

If you are recording an ordinary phone call: you may record without notifying the other party, but verbal consent is the safer practice if the recording may be used in a proceeding.
Suggested opening: See our consent script templates for jurisdiction-specific language.
If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.