Illinois recording consent laws
Last reviewed: . Checked against the official statute text.
General information, not legal advice. Laws change; consult an attorney about your situation.
Quick Answer
Illinois law uses different rules for recording in-person conversations and phone calls.
- In person: Depends: All-party consent when the conversation is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1.
- Phone calls: Depends: All-party consent when the call is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1.
In-person conversations: Depends: All-party consent when the conversation is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1
A person commits eavesdropping by knowingly and intentionally using an eavesdropping device in a surreptitious manner to transmit or record all or any part of a private conversation to which he or she is a party, unless he or she does so with the consent of all other parties to the private conversation.
(a) A person commits eavesdropping when he or she knowingly and intentionally:
(1) Uses an eavesdropping device, in a surreptitious manner, for the purpose of overhearing, transmitting, or recording all or any part of any private conversation to which he or she is not a party unless he or she does so with the consent of all of the parties to the private conversation;
(2) Uses an eavesdropping device, in a surreptitious manner, for the purpose of transmitting or recording all or any part of any private conversation to which he or she is a party unless he or she does so with the consent of all other parties to the private conversation;
Phone calls: Depends: All-party consent when the call is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1
A person commits eavesdropping under Illinois law when he or she knowingly and intentionally uses an eavesdropping device in a surreptitious manner to transmit or record all or any part of a private conversation to which he or she is a party, unless done with the consent of all other parties to the private conversation.
The same statute text quoted above applies (720 ILCS 5/14-2(a)(2)).
Definitions the rules rely on
“private conversation”
Under this section, "private conversation" means any oral communication between two or more persons, conducted in person or transmitted by wire or other means, where at least one party intended the communication to be private under circumstances reasonably justifying that expectation.
(d) Private conversation. For the purposes of this Article, "private conversation" means any oral communication between 2 or more persons, whether in person or transmitted between the parties by wire or other means, when one or more of the parties intended the communication to be of a private nature under circumstances reasonably justifying that expectation.
“surreptitious”
Under this Article, "surreptitious" means obtained or made by stealth or deception, or executed through secrecy or concealment.
(g) Surreptitious. For purposes of this Article, "surreptitious" means obtained or made by stealth or deception, or executed through secrecy or concealment.
What this means in common sales settings
- In-home sales visits
- A sales conversation in a customer's home is an in-person conversation, which the in-person rule describes: Depends: All-party consent when the conversation is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1. Whether a particular conversation meets that condition depends on its circumstances.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: Depends: All-party consent when the conversation is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1. Whether a particular conversation meets that condition depends on its circumstances.
- Field sales
- A field rep's face-to-face meetings follow the in-person rule above. Calls follow the phone rule: Depends: All-party consent when the call is private and the recording is surreptitious, as defined in 720 ILCS 5/14-1. Whether a particular conversation meets that condition depends on its circumstances.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes Illinois law only; the guide's index lists the other jurisdictions it covers.
How the Itero app handles consent
The Itero mobile app for iPhone and Android asks the rep to confirm that everyone present agreed before every in-person recording, and Itero keeps a timestamped record of that consent. The app is in English. Virtual ride-alongs in the Itero app