phone call being recorded.

[station31]

What is the name of your state (only U.S. law)? i live in Florida the other part lives in north carolina.

is it legal if they are in north carolina to record my conversations with them if their state law only requires on party to be aware.
florida says both parties must be aware.

 

[TigerD]

Why?
How do you know the call was recorded?
Have you looked up the federal law yet?

DC

 

[station31]

i dont know for sure. its actually an issue between my wife and her ex husband. his new wife sent me an email asking for me to call and said i could record the call if i wanted because thats what they do. that kinda worries me a tab. obviously i declined because i want a paper trail of conversations. but the harassment from his new wife and her family is out of control my poor wife is sick over it. so i was wondering if it was ok they where recording the calls.

 

[FlyingRon]

If you want to record, the safest thing to do is ask FIRST and then ask again after the recording starts so there's no doubt.

 

[acmb05]

What is the name of your state (only U.S. law)? i live in Florida the other part lives in north carolina.

is it legal if they are in north carolina to record my conversations with them if their state law only requires on party to be aware.
florida says both parties must be aware.

Normally on a call over state lines the state the call originated in would be the law that is followed, if those states have different laws then the Federal guideline is usually used. Federal guidelines say only one party consent is needed.

If you were to go to court in NC it may be admissable in court(if the judge allows it). if you were to go to court in Florida it probably would not be unless both parties agreed to the call being taped.

 

[FlyingRon]

Normally on a call over state lines the state the call originated in would be the law that is followed, if those states have different laws then the Federal guideline is usually used. Federal guidelines say only one party consent is needed.

If you were to go to court in NC it may be admissable in court(if the judge allows it). if you were to go to court in Florida it probably would not be unless both parties agreed to the call being taped.

You better watch that, some of the two party states certainly DO believe that their law applies to all calls either made FROM or TO their state.

 

[Just Blue]

Normally on a call over state lines the state the call originated in would be the law that is followed, if those states have different laws then the Federal guideline is usually used. Federal guidelines say only one party consent is needed.

If you were to go to court in NC it may be admissable in court(if the judge allows it). if you were to go to court in Florida it probably would not be unless both parties agreed to the call being taped.

Sorry you are wrong. The state with the more conservative law would apply. In this case Florida.

 

[acmb05]

Sorry you are wrong. The state with the more conservative law would apply. In this case Florida.

Sorry but I was talking from first hand experience on this one. Same two states. When it went to court the Federal guideline was used. I made the calls from NC to Florida. We went to Court in NC. It was stated in court that since they were two conflicting states that the court would follow Federal Law and my tapes were admitted as evidence in NC.

Regardless it is totally up to the Judge.

 

[FlyingRon]

Sorry but I was talking from first hand experience on this one. Same two states. When it went to court the Federal guideline was used. I made the calls from NC to Florida. We went to Court in NC. It was stated in court that since they were two conflicting states that the court would follow Federal Law and my tapes were admitted as evidence in NC.

Regardless it is totally up to the Judge.

First off, admissibility is different from whether you are committing a crime.
Second, the "when two states conflict federal law applies" is incomplete (or outright incorrect). In some cases, such as issues of interstate commerce, which things like this issue may have fallen under, the federal law does override. But believe you me, in other issues, you can be found in violation of one state or the others law if the terminus of the call is in that state.