phone conversation recorded by non-party

[kandyflip03]

What is the name of your state?What is the name of your state? TX

In short, can a person take legal action against someone who unalwfully recorded and conveyed the contents of a phone conversation in which she was not a party to? If so, what do you do and can it also be considered a civil matter for suit as well? Am I correct in understanding that is a 2nd degree federal felony?

Why do I ask? Well, I don't realy want to get this person in trouble for doing this, I just want them to be aware that what they did is VERY illegal because she is always spouting how righteous and perfect she is and how horrible the other party to the phone conversation is. But before I go spouting my mouth off, I want to make sure I have my facts straight. I researched that this a violation of penal code 16.02 but it doesn't say if the victim should press charges or sue or whatever, etc. Thanks to whoever helps me out!

 

[BelizeBreeze]

What is the name of your state?What is the name of your state? TX

In short, can a person take legal action against someone who unalwfully recorded and conveyed the contents of a phone conversation in which she was not a party to? If so, what do you do and can it also be considered a civil matter for suit as well? Am I correct in understanding that is a 2nd degree federal felony?

Why do I ask? Well, I don't realy want to get this person in trouble for doing this, I just want them to be aware that what they did is VERY illegal because she is always spouting how righteous and perfect she is and how horrible the other party to the phone conversation is. But before I go spouting my mouth off, I want to make sure I have my facts straight. I researched that this a violation of penal code 16.02 but it doesn't say if the victim should press charges or sue or whatever, etc. Thanks to whoever helps me out!

You spent how long putting this post together and you failed to provide any RELEVANT FACTS.

Now, would you like to try again?

 

[kandyflip03]

Here, let me try again.............

I was on a phone coversation with "X".

"Z" decided to record the conversation w/o myself or 'X' knowing = illegal

"Z" decided to share this recording with "Y" = illegal

now what legal action could I take against "Z" for illegaly doing this
-do i press criminal charges for violation of privacy?
-and/or do I sue in civil court

 

[BelizeBreeze]

Here, let me try again.............

I was on a phone coversation with "X".

"Z" decided to record the conversation w/o myself or 'X' knowing = illegal

"Z" decided to share this recording with "Y" = illegal

now what legal action could I take against "Z" for illegaly doing this
-do i press criminal charges for violation of privacy?
-and/or do I sue in civil court

Not good enough. If this is a homework assignment I'm out of here. Otherwise, FACTS, not geometry.

And you have ONE MORE chance. Otherwise, wait for someone else to play this game.

 

[kandyflip03]

I don't understand what you want........

on 09/07/05 at 6:30pm central time i was on the phone in houston w/a friend in dallas through a land line home phone. My friend's step-mother used another phone in the house to record our conversation. She came flying in like the wicked witch of the west saying how my friend is trying to use his father for money and she is going to show the recording to him so she can prove how horrible her step-son is to his own father (pathetic)

However, the problem is, she did not just violate my friends right, MY voice was recorded as well, so that infringes upon me. This woman is always being horrible to my friend saying how he is trying to split up there marraige so his father can get back with his mother (my friend is 23 years old and has nothing to do with his mother). Now if I wanted to, could myself or my friend press charges or sue? I want his stepmother to realize that she did something illegal and could possibly get in trouble for it (she is from germany, i don't even think she is a citizen, but she married a citizen, so that makes her one right?..........anyway)

is that what you need? cause i don't know what else to give unless YOU ask a specific ?

 

[BelizeBreeze]

Go look it up.

I'm done with you.

 

[kandyflip03]

Why are you so mean? I've read a lot of your posts and you are just plain mean. I realize law might not be the 'nicest field' but I have never done anything to you. I tried to research it (how I found about 16.02), i couldn't find the answer to my Q so I posted here. I tried to give you the facts you needed but you say i am not giving you the right facts? well, what do you need to answer my Q? I will give it to you- oh, and if you can't take it, don't dish it out. I wasn't trying to be rude in any of my posts but you were- do on to others as you would have them do unto you

 

[kandyflip03]

Oh, and for a bit of homework...I am guessing that you are a green/orange

 

[kandyflip03]

I think that was posted to the wrong thread?

 

[toastnjelly4all]

recording calls is not legal without permission

I believe that in nearly all the states it is against the law to record any conversation without prior notice and permission of all of the parties.

 

[BelizeBreeze]

I believe that in nearly all the states it is against the law to record any conversation without prior notice and permission of all of the parties.

And you believe wrong.

 

[kandyflip03]

Thank you toastnjelly...so now what can I do about the fact that she violated the law? Do I have to press criminal charges and/or take it up in a civil suit for invasion of privacy? I know it's illegal, but what do I do do about it (if i wanted to persue it) If you know, that be great!

 

[kandyflip03]

toast is right- he said NEARLY all states. Now if i am right, 12 states require 2-party and the rest are simply 1-party in which only one party has to be aware of the recording. BUT in my case, NO party knew it was being recorded. So could i press charges and/or sue?

 

[toastnjelly4all]

toast is right- he said NEARLY all states. Now if i am right, 12 states require 2-party and the rest are simply 1-party in which only one party has to be aware of the recording. BUT in my case, NO party knew it was being recorded. So could i press charges and/or sue?

I am a female, just so ya all know.
You could do either, but don't expect anything to come out of it. If I were you I would go to the step mother and have her give you the tape if she hasn't already given it to the father. Tell her it is illegal to record the call, and if she doesn't give it up, that you will file criminal charges. You will only win a civil case if that recording caused you some kind of damages such as loss of a job.

 

[kandyflip03]

I'll refrain- Could I press charges against the person that recorded a phone conv. between myself and a different person w/o our consent?