It’s a pretty standard practice when you’re on the phone with a company.
The business’s representative you speak to regarding customer service begins the conversation by telling you the following statement: “This call may be monitored or recorded for quality or training purposes.”
To some, it’s not a big deal. To others, the thought of being on a recorded line is extremely uncomfortable… even if it is just to ask a question about a bill. These days, the idea of knowing a company or anyone you may speak to by phone, or in person for that matter, could be recording everything you talk about seems pretty common.
But is it legal to record a conversation without your consent in Iowa? The answer may surprise you.
Is it illegal to record a conversation in Iowa?
In Iowa, it is legal for a conversation to be recorded as long as one party has given consent.
Iowa Code 808B.2(2)(c) says, “It is not unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication if the person is a party to the communication or if one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing a criminal or tortious act in violation of the Constitution or laws of the United States or of any state or for the purpose of committing any other injurious act.”
Basically, a company does have the right to record any conversation on its phone lines in Iowa because it has agreed to do so. Only one party has to provide consent for the recording to be legal in Iowa.
That law also holds true if a civilian, like you or me, wanted to record a conversation with a friend or a business representative by phone or in person.
Can I legally record a conversation that I am not a part of?
The short answer is no.
Again, because Iowa is a one-party consent state, one of the parties within the conversation you wish to record must agree to be recorded if you are not an active participant in the conversation.
What is the penalty for illegally recording a conversation in Iowa?
According to Iowa Code, illegally recording a conversation in the State of Iowa is considered a Class D felony.
Anyone who commits a Class D felony in Iowa, according to state law, is subject to serve a maximum of five years in prison and must pay a fine between $1,025 and $10,245.
This article originally appeared on Des Moines Register: Is it legal to record a conversation in Iowa? What does the state law say?
Reporting by Emery Glover, Des Moines Register / Des Moines Register
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