Recording Phone Conversations

[LegalBeagle]

The Noddy guide to recording phone conversations..

If ALL parties are in a 'One Party' state, then only ONE party (ie, you) need to know about the recording. You can record a phone call without anyone elses knowledge and use that information any way you want.

If ANY party is in an 'All Party' state then ALL parties have to be informed of the recording. If you record a phone call when ANY party is located in an 'All Party' state and they find out and have evidence, then you can be brought up on criminal charges, even if YOU are located in a 'One Party' state.

All Party States are...

California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington


So, if ANY party to the phone call is in one of the above states, you have to inform them of the recording or you could face criminal charges.

Keyword for Searching: canwetape

 

[auntsandy]

we live in Kansas didnt see it on your list My brother was taping court ordered phone calls between the kids mother and the and they were very much hateful to their dad it would of proved his case for him and it was not allowed case manager was not even interested are we allowed to make them part of the case?

 

[rca116]

Does this also apply to non-telephone related conversations?

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rca116:
Does this also apply to non-telephone related conversations? <HR></BLOCKQUOTE>

The above pertains to the Taping of Phone Conversations only. Some states may have different laws for non telephone or video recording.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
The Noddy guide to recording phone conversations..

If ALL parties are in a 'One Party' state, then only ONE party (ie, you) need to know about the recording. You can record a phone call without anyone elses knowledge and use that information any way you want.

If ANY party is in an 'All Party' state then ALL parties have to be informed of the recording. If you record a phone call when ANY party is located in an 'All Party' state and they find out and have evidence, then you can be brought up on criminal charges, even if YOU are located in a 'One Party' state.

All Party States are...

California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington


So, if ANY party to the phone call is in one of the above states, you have to inform them of the recording or you could face criminal charges.

Keyword for Searching: canwetape

<HR></BLOCKQUOTE>

LB, how does this relate to the Federal Wiretapping Law?

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
LB, how does this relate to the Federal Wiretapping Law?<HR></BLOCKQUOTE>

That is a good question and a curious answer. Federal law should pre-empt the state statutes, because any call that crosses state lines would place it under federal jurisdiction. Federal law is 'One Party'. So since Federal law is not broken then the more restrictive state law is generally enforced.

However, there have been cases where a court in a 'One Party' state applies the law where the injury takes place. In 'Krauss Krauss v. Globe International, (N.Y. Sup.
Ct. Sept. 11, 1995)' the injury takes place in NY and that states law is applied despite the other party being in PA. This still does not stop a party from filing charges in PA..

There is another thread from a poster in AZ where the return of a child was denied. Evidence used was a taped phone call where the other party was in CA. In theory, that evidence should have been thrown out as it was obtained by illegal means.. but it was not as AZ is a 'One Party' state.

Bottom line is that Federal Law is pretty much ignored..

 

[albert650]

reply to legal beagles answer

It seems though that each state has a specific definition as to when the recording is a violation of law. For example in Florida it is a felony unless the interception is a commited without any illegal purpose. Also a federal appellate court (florida)held that telephones used in the ordinary course of business to record conversations do not violate law. Other states say that to be a crime the recording must have been made with intent to injure.

Say a consumer (with one party consent) in Florida records a business in Florida. The business makes a promise or agreement regarding goods or services. The business reneges on its promise. Can the consumer use the tape as evidence in this scenerio?

Lastly with regard to conversations which go across state lines. If someone in a one party state records a call in a two party state, for the person in the two party state to bring charges, he would have to extradite the other party to his state. Is that likely?

Al