Oregon 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
Oregon law uses different rules for recording in-person conversations and phone calls.
- In person: Depends: All participants must be specifically informed that the conversation is being recorded, unless an exception applies (for example an unconcealed recorder at a public meeting, or a private meeting where all others knew or should have known).
- Phone calls: One-party consent.
In-person conversations: Depends: All participants must be specifically informed that the conversation is being recorded, unless an exception applies (for example an unconcealed recorder at a public meeting, or a private meeting where all others knew or should have known)
Except as otherwise provided by statute, a person may not obtain or attempt to obtain all or any part of a conversation by means of any device if not all participants in the conversation are specifically informed that their conversation is being obtained.
(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained.
Phone calls: One-party consent
Except as otherwise provided by statute, a person who is not a participant may not obtain or attempt to obtain any part of a telecommunication or radio communication by means of any device, contrivance, machine or apparatus unless at least one participant gives consent.
(1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (8) of this section, a person may not:
(a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant.
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 participants must be specifically informed that the conversation is being recorded, unless an exception applies (for example an unconcealed recorder at a public meeting, or a private meeting where all others knew or should have known). 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 participants must be specifically informed that the conversation is being recorded, unless an exception applies (for example an unconcealed recorder at a public meeting, or a private meeting where all others knew or should have known). 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: One-party consent.
- Calls across state lines
- When a call connects people in different states, more than one state's law can be relevant. This page describes Oregon 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