Wyoming recording consent law for interviews: one-party, with $1,000-a-day damages

Wyoming is a one-party consent state. Its wiretap act, W.S. 7-3-702(b)(iv), says nothing in the prohibition stops a person from intercepting a communication "where the person is a party to the communication or where one (1) of the parties to the communication has given prior consent," unless the purpose is "committing any criminal or tortious act." An interviewer may record or transcribe their own interview. What sets Wyoming apart is the cost of getting it wrong: as of October 2026, unlawful interception is a felony, and the person recorded can recover at least $1,000 for each day of violation.

For a quick read on a call between two states, try the consent checker.

This page covers the statutory text, who counts as a party, phone, video and in-person interviews, penalties and damages, calls to Montana, Colorado and other neighbors, and a consent line to read aloud.

What does Wyoming's wiretap act say?

The act runs from W.S. 7-3-701 to 7-3-712. Section 7-3-702 sets out what is prohibited and what is allowed:

The wording follows the federal wiretap act closely, including the purpose condition in 18 U.S.C. § 2511(2)(d), which applies to the same call. Recording to keep accurate interview notes is not a criminal or tortious purpose; recording to embarrass or pressure a candidate could be.

Who counts as a party in an interview?

• The interviewer and every panel member. Each is a party and may record without anyone else's consent under Wyoming law.
• A coordinator who is not on the call. Not a party. Recording is lawful only if "one (1) of the parties" gave "prior consent," which means before capture starts.
• A note-taking tool attending for someone absent. Its owner is not a party. A participant's prior consent brings it within the rule, but the candidate's state may require more, so tell the candidate too.

The act also reaches anyone who "procure[s] any other person to intercept." A manager who directs a non-participant to capture interviews without a participant's consent is covered along with the person who does it.

Does it cover phone, video and in-person interviews?

The definitions in W.S. 7-3-701 cover every format:

• Wire communication is "any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection," which covers phone screens.
• Electronic communication is "any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce," which covers video calls.
• Oral communication is one "uttered by a person who reasonably expects and circumstances justify the expectation that the communication is not subject to interception," which covers private in-person interviews.
• Intercept means "the aural or other acquisition of the contents" of a communication by a device, so a transcription tool is acquiring contents as much as a recorder is.

What are the penalties in Wyoming?

• Criminal. Interception, disclosure and use are each a felony with up to five years in prison, a fine of up to $1,000, or both. A narrower misdemeanor applies only to the radio portion of cellular and cordless phone calls and certain radio services.
• Civil. Under W.S. 7-3-710, a person whose communication is "intercepted, disclosed or used in violation of this act" may recover from anyone who intercepted, disclosed, used or procured it: actual damages "but not less than one thousand dollars ($1,000.00) a day for each day of violation," punitive damages, and "reasonable attorney's fees and other litigation costs reasonably incurred."
• Disclosure. Passing a recording to a client, knowing or having reason to know it was made unlawfully, is a violation on its own, with the same exposure.

Why are Wyoming's civil damages worth noticing?

The federal act and several all-party states use $100 a day as the daily rate. The federal act, at 18 U.S.C. § 2520, allows "the greater of $100 a day for each day of violation or $10,000," and all-party states such as Pennsylvania and New Hampshire use $100 a day or $1,000. Wyoming's floor is $1,000 for every day of violation, with no alternative lump sum. The statute does not define how days are counted, and we found no Wyoming decision doing so. The point for a hiring team is simpler: in a one-party state where lawful recording is easy, the penalty for unlawful recording is unusually high, and the people most likely to cross the line are those recording interviews they are not part of.

What if the candidate is in Montana, Colorado or another state?

Colorado, Utah, Idaho, Nebraska and South Dakota are one-party states for participants, which covers most calls along the Cheyenne to Fort Collins corridor and between Jackson and eastern Idaho. Montana, to the north, is different: it makes it an offense to record a conversation "by use of a hidden electronic or mechanical device" without "the knowledge of all parties," with an exemption for people who were warned; see Montana recording consent law for interviews. Northern Wyoming shares a long border with Montana, so a spoken warning should be routine on calls across that line.

For any other state, check two-party consent states. Courts in all-party states have applied their own law to calls recorded elsewhere, so Wyoming's rule does not travel with the call; see recording calls across state lines. The AI and notice rules that sit on top of recording law are in is it legal to record a job interview.

A consent line for Wyoming interviews

"Before we start: I'd like to [record / transcribe] this interview so
my notes for the [role] position are accurate. It's seen by [who] and
deleted after [period]. If you're calling from another state today, or
you'd just rather I didn't, tell me and I'll take notes by hand. It
won't affect your application. Is that OK with you?"

[Clear yes: start capture. No or unsure: leave it off.]

The line doubles as Montana's warning. Panel, email and log versions are in the interview recording consent script.

Checklist for Wyoming interviews

1. Ask every candidate before capture starts, in every format.
2. Never record an interview you are not in without a participant's prior consent, and tell the candidate.
3. Give a spoken warning on calls with Montana candidates.
4. Record for note-taking, never as leverage.
5. Do not forward a recording you are unsure was made lawfully.
6. Treat transcripts and AI notes the same as audio.

Wyoming's place among the other one-party states is shown on one-party consent states.