Texas 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
Texas law uses the same rule for recording in-person conversations and phone calls.
- In person: One-party consent.
- Phone calls: One-party consent.
In-person conversations: One-party consent
It is an affirmative defense to prosecution for intercepting a wire, oral, or electronic communication if the person intercepting the communication is not acting under color of law and is a party to the communication.
(4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A) the person is a party to the communication; or
Phone calls: One-party consent
It is an affirmative defense to prosecution if a person not acting under color of law intercepts a wire, oral, or electronic communication and is a party to the communication.
The same statute text quoted above applies (Tex. Penal Code § 16.02(c)(4)(A)).
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: One-party consent.
- Dealership and retail floors
- A conversation on a showroom, dealership or store floor is also an in-person conversation: One-party consent.
- 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 Texas 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