Can I legally record this phone convo?

[Jbrannen205]

What is the name of your state (only U.S. law)? AL

I wasn't sure which forum to put this on, but here I am. I'm involved with some dicey wrangling with an insurance company. Anyway bottom line, I want to record my next phone convo with them and was wondering would it be admitted in court if it came to that if I didn't tell them it was being recorded, BUT their recording says the phone call may be recorded? In other words does their recording which says the call may be recorded give me free reign to record away and it be all legit?

 

[Just Blue]

What is the name of your state (only U.S. law)? AL

I wasn't sure which forum to put this on, but here I am. I'm involved with some dicey wrangling with an insurance company. Anyway bottom line, I want to record my next phone convo with them and was wondering would it be admitted in court if it came to that if I didn't tell them it was being recorded, BUT their recording says the phone call may be recorded? In other words does their recording which says the call may be recorded give me free reign to record away and it be all legit?

Are both parties in AL? Are both parties on landlines?

 

[Nickskter]

Note (for the nitpicking nitwits): The following is for information purposes only, it is not intended to reflect any specific regulation, law or quotable legal advice.

While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

States Requiring One Party Notification:
Alabama Alaska Arizona Arkansas Colorado District Of Columbia Georgia Hawaii
Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Minnesota Mississippi
Missouri Nebraska Nevada New Jersey New Mexico New York North Carolina North Dakota
Oklahoma Oregon Ohio Rhode Island South Carolina South Dakota Tennessee Texas
Utah Vermont Virginia West Virginia Wisconsin Wyoming

Evidentiary Issues:
Individuals and businesses that make surreptitious recordings often do so with the expectation that the recordings will be useful as evidence. Such recordings are subject to significant barriers to use as evidence. First, if made in violation of either federal or state law, the recordings will almost certainly be inadmissible. Second, even if lawfully recorded, the tapes will be exempt from the hearsay rule and will not, in most jurisdictions, be usable for impeachment. Anyone contemplating an evidentiary use of surreptitious recordings should consult with an attorney prior to making the recording.

No, I will not be your dictionary, find one. Easy to use ( http://www.dictionary.com ) don't like that one, welcome to http://www.google.com .

Nick

 

[The Occultist]

Note (for the nitpicking nitwits)

Wow, you're definitely gonna be making lots of friends!