Record Calls in "Single-Consent" New Jersey

[Casey-Cayce]

I would like to record my telephone calls and need to know I'm within legal parameters when doing so. I'm in New Jersey, a "single-consent" state, which I understand allows for this, but he statute—linked below, is bit hard for me to interpret. These would be calls with clients, tech support—both of which can be lengthy and technical— or any other calls where I might want to revisit details of the conversation. The scenario would be:

The mobile phone is on a stand on my desktop.
The caller is on speaker.
The recording is made using a small digital recorder on my desktop, meaning this would be an open-air recording as opposed to any kind of electronic intercept.
The files would be stored on my private external hard drive, never accessible to the public.
The files would be for my own personal use only, never shared.

Would I be within the parameters of the single-consent statute with this and, if not, how would I do this to be so?

Thank you.

https://law.justia.com/codes/new-jersey/2022/title-2a/section-2a-156a-4/

 

[adjusterjack]

2A:156A-4. Lawful interception activities; exceptions

4. It shall not be unlawful under this act for:

d. A person not acting under color of law to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception unless such communication is intercepted or used for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State or for the purpose of committing any other injurious act.

If that's not clear to you, I suggest you have an attorney review your business and recording practices and explain it to you.

 

[quincy]

If you are calling someone out of state, or you don’t know whether someone is out of state, you should inform the recipient of the call that the call will be recorded and get their consent. It will be the two-party-consent laws that govern the calls between states.

It is always legally safest and best to get consent before recording any calls, regardless of the one-party-consent laws.

 

[Casey-Cayce]

not acting under color of law

Hello, again, AdjusterJack... seems we're going to be old friends by the time this is over, and i'll try and make this the last of it. I'm not clear on "not acting under color of law," and Wikipedia wasn't much help. I don't have an attorney at the ready, but does this mean I'd be ok under that scenario?

If I did want to find such an attorney, what area of law would this be, who would I look for?

 

[quincy]

Hello, again, AdjusterJack... seems we're going to be old friends by the time this is over, and i'll try and make this the last of it. I'm not clear on "not acting under color of law," and Wikipedia wasn't much help. I don't have an attorney at the ready, but does this mean I'd be ok under that scenario?

Speak with an attorney in your area if you want an analysis of the recording law and how it would apply to your intended uses. No one on a forum can provide that.

 

[quincy]

... If I did want to find such an attorney, what area of law would this be, who would I look for?

You can locate an attorney in your county through the following link:

https://njsba.com/county-bar-associations-for-the-public/

A communications or media law attorney should be able to assist you. If you are near Rutgers Law School (Camden or Newark), you might be able to take advantage of their legal aid clinics.

 

[Casey-Cayce]

Thank you, Quincy.

 

[adjusterjack]

I'm not clear on "not acting under color of law,"

Basically (though not that simple) you're not a member of law enforcement.

 

[quincy]

Thank you, Quincy.

You’re welcome, CaseyCayce. Thanks for the thanks.

“Acting under the color of law” means to act without lawful authority or to act beyond the bounds of one’s lawful authority. There is an appearance of a legal right to do something without an actual legal right to do something.

Most often this applies to law enforcement officials who misuse or abuse their powers (e.g., deprives someone of their legal rights) but it can apply to any official who pretends to have authority to do something by nature of his position.