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Recording a conversation without knowledge or consent

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DazedMom

Junior Member
What is the name of your state? New Hampshire

My husband is a general contractor. After a freak hail storm in July, most homes in our town were badly damaged. One of the homes my husband has been remodeling sustained serious damage, and my husband was asked to submit an estimate to the home owner's insurance company for the repair/replacement expenses. The estimate amounted to several thousands of dollars, mostly because the original slate roof is badly damaged....(materials for the roof alone amount to over $13,000)

Basically, the insurance company does not want to pay. The insurance company (Texas based, I believe) sent an engineer to assess the damage, and then felt the need to send a fraud investigator to the property. The investigator interviewed my husband and the owners of the property, and recorded the entire conversation, without the knowledge or consent of my husband or the home owners.

According to my father (a local police chief), the investigator violated NH state law, and committed a criminal offense. I'm not sure if I am reading correctly, is the following quote the applicable statute?

N. H. Rev. Stat. Ann. § 570-A:2: It is a felony to intercept, or disclose the contents of, any telecommunication or oral communication without the consent of all parties. However, it is a misdemeanor for a party to a communication, or anyone who has the consent of only one of the parties, to intercept a telecommunication or oral communication.

Civil damages are expressly authorized for unlawful interceptions for the greater of actual damages, $100 a day for each day of violation, or $1,000 in addition to punitive damages, attorney fees and litigation costs. N.H. Rev. Stat. Ann. § 570-A:11.

Use of a hidden camera in a private place without the consent "of the persons entitled to privacy therein" is a misdemeanor. N.H. Rev. Stat. Ann. § 644:9. A classroom was not a private place where a school custodian could reasonably expect to be safe from video surveillance. State v. McLellan, 744 A.2d 611 (N.H. 1999).
The insurance company has been acting very unfairly and unprofessionally throughout this whole matter, and my husband and the home owners are very angry they were recorded without their knowledge. My question is, should an attorney be consulted? Basically, do my husband and the home owners have a "case?"

Thank you in advance for any insight you can offer...
 
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