Recording Phone Conversations

PA. Is it legal to record a phone conversation without the consent of the other party? This case involves my divorced child whose ex calls and rants at me about whatever petty nonsense is going on. Recently a diatribe involved delivery of the grandchildren a couple minutes late (seven minutes, to be exact), for example. It's gotten out of control, and I wonder if it would help to record some of this to be possibly used in court.

REC said:

PA. Is it legal to record a phone conversation without the consent of the other party? This case involves my divorced child whose ex calls and rants at me about whatever petty nonsense is going on. Recently a diatribe involved delivery of the grandchildren a couple minutes late (seven minutes, to be exact), for example. It's gotten out of control, and I wonder if it would help to record some of this to be possibly used in court.

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My response:

Whenever you pick up the phone, and it's him, just tell him that you're recording the call. Then say, "Go ahead, prick. Make my day."

IAAL

I am actually contemplating charging her (it's my son's ex) with harrassment, but I think I would need proof. Also, she gets angry when my husband or I take a stand and deprives us of the children for months at a time -- she uses them to hurt people. I thought if I could tape some of these conversations legally, that perhaps I could use them in court. I think PA is a state that requires the consent of the second party, but I'm not clear.

PA is a two party state; you can't legally tape the conversation without her consent. If legally recorded, it's admissibility in court is a separate issue that would be decided by a judge.

That's what I thought. I can't imagine her ever giving consent. There's got to be a way, though, to put a stop to what really amounts to harassment without jeopardizing our visits with our grandchildren.

My further comment:

While 18 Pa. Cons. Stat. §§ 5703, 5704 states that it is a felony to intercept any wire, oral or electronic communication without the consent of all participants, and that 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, "mere knowledge" (i.e., "you're being recorded, pal.") without an explicit, "no, I don't want to be recorded", MAY be regarded as, and construed as, "implicit permission" to be recorded. Therefore, ask a local attorney if there's any case law concerning the Statute and my "theory".

IAAL

Good idea! Thanks!

REC said:

Good idea! Thanks!

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My response:

I always have good ideas. It's just that some people don't quite see it that way.

Good luck to you.

IAAL

IAAL, if one waits until their answering machine kicks in and answers, then jumps on the line and says "I'm sorry, I was in a different room and the answering machine is still running. What can I do for you?" and that person goes ahead and talks after being informed the machine IS STILL RUNNING, is that implied permission? Just asking for the sake of argument.

One could, of course, simply hang up the phone.

Of course they can.

But sometimes people are so hot to say whatever they had rolling around in their little brains that they might still talk even if they know the machine is one. So my question is whether they need to actually STATE "I give you permission to tape me", or is being informed that a recording is occuring and still choosing to speak an act that constitutes "permission"?

Obviously, if they request the machine be turned off FIRST, one is obligated to comply.

I think this topic has been asked dozens of times already. Here is a site with all the states and their recording consent law:

http://www.pimall.com/nais/n.recordlaw.html

REC said:

I am actually contemplating charging her (it's my son's ex) with harrassment, but I think I would need proof. Also, she gets angry when my husband or I take a stand and deprives us of the children for months at a time -- she uses them to hurt people. I thought if I could tape some of these conversations legally, that perhaps I could use them in court. I think PA is a state that requires the consent of the second party, but I'm not clear.

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My question here is if your son has any visitation. She can not stop him from he allowing you to see the children when they are on his parenting time. Little can be done about when the kids are in her care.

Rec

Let us know if your child's ex does NOT change their behavior, hang up or tell you to stop recording after you tell them they are being recorded.

In this case, 'implied consent' such as Nexi and IAAL suggested, is all that is needed to satisfy the two-party requirements.

End of story.