Can someone record a phone conversation without my knowledge?

[ihavehope]

What is the name of your state?What is the name of your state? PA
I just found out today that my ex-husband recorded several phone conversations I had with him at his office. He now says he is going to use them against me in an upcoming legal issue. (I'm not really worried that anything I said could hurt my case) I just want to know if it is legal for him to do this. He was at work when he did it. Is there anything I can do? Could the company he works for be libal? I just don't think it is fair, and it shouldn't be legal. If it is not legal....what could I do???? Thank you for your help.

[cmorris]

From a quick internet search, it appears what he did is illegal. Since it is illegal, it won't be admissable anyway in court.

There are criminal and civil penalties--but can you prove he did it?

[Some Random Guy]

according to [url]http://www.rcfp.org/taping/[/url] , PA is a two party state, so taping you without your knowledge is illegal.

18 Pa. Cons. Stat. §§ 5703, 5704: It is a felony to intercept any wire, oral or electronic communication without the consent of all participants. It also is a felony to disclose or use the contents of a communication when there is reason to know those contents were obtained through an illegal interception.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," 18 Pa. Cons. Stat. § 5702.

A trial court has held that a communication protected by the legislation is one in which there is an expectation that it will not be recorded by any electronic device, rather than one in which there is a general expectation of privacy. Thus, the fact that a participant may believe he will have to reveal the contents of a communication, or that other parties may repeat the contents, does not necessarily mean that he would have expected that it would be recorded, and it is the expectation that the communication would not be recorded that triggers the wiretapping law's protections. Pennsylvania v. McIvor, 670 A.2d 697 (Pa. Super. Ct. 1996), petition for appeal denied, 692 A.2d 564 (Pa. 1997).

Anyone whose communication has been unlawfully intercepted can recover actual damages in the amount of $100 per day of violation or $1,000, whichever is greater, and also can recover punitive damages, litigation costs and attorney fees. 18 Pa. Const. Stat.§ 5725.

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So keep your mouth shut and don't tell him you know its illegal. Then if he tries to bring it up in court or plays the tapes for any witnesses, you have evidence for a lawsuit or criminal complaint.

[BelizeBreeze]

Both of you are jumping to very dangerous assumptions here. FIrst, there are two questions to ask. So, I'll see if either of you can think of it.

[ihavehope]

Originally Posted by cmorris

From a quick internet search, it appears what he did is illegal. Since it is illegal, it won't be admissable anyway in court.

There are criminal and civil penalties--but can you prove he did it?

PA -- he stated this (that he taped several conversations he had with me) while in a child support conference in front of the official from the court working out the support payment. He said he would try to use that information against me in an upcoming custody case.

[ihavehope]

Originally Posted by BelizeBreeze

Both of you are jumping to very dangerous assumptions here. FIrst, there are two questions to ask. So, I'll see if either of you can think of it.

What are the two questions??? He taped me while at his place of business and using the business phone. He told me he did this while we were at a support conference in front of the court official figuring out the support. I am 100% sure I did not say anything he could use against me, but if it is illegal....I want him to know he can't get away with it. What should I do????

[Some Random Guy]

belize,

If you are implying that the OP's ex was in a different state, had a warrant to tape, had permission to tape or if th eOP has no expectation of privacy, then come out and say it.

I'm not going to make up facts that the OP never offered and reply them. If the OP is leaving out important info, they deserve to get the wrong answer.

[ihavehope]

Originally Posted by Some Random Guy

belize,

If you are implying that the OP's ex was in a different state, had a warrant to tape, had permission to tape or if th eOP has no expectation of privacy, then come out and say it.

I'm not going to make up facts that the OP never offered and reply them. If the OP is leaving out important info, they deserve to get the wrong answer.

What is the OP???? My ex and I are in the same state. There was no permission to tape.