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Call Recording Laws Clarification

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bman2011

Junior Member
What is the name of your state (only U.S. law)? NJ & FL

I currently reside in FL, but my ex who has my son has him in NJ.

My question is, my ex keeps harrassing and threatening me over the phone. I want to record it so I have proof of this and I have a feeling he's going to threaten me again. I wanted to know if anyone is familiar with the phone recording laws.

If I am calling the individual from FL and recording them, whose laws applies NJ or FL?

If I receive a call from my ex, from NJ and I'm in FL - again whose law would apply?

If it's NJ, what rule would actually apply in this case to record the conversation?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? NJ & FL

I currently reside in FL, but my ex who has my son has him in NJ.

My question is, my ex keeps harrassing and threatening me over the phone. I want to record it so I have proof of this and I have a feeling he's going to threaten me again. I wanted to know if anyone is familiar with the phone recording laws.

If I am calling the individual from FL and recording them, whose laws applies NJ or FL?

If I receive a call from my ex, from NJ and I'm in FL - again whose law would apply?

If it's NJ, what rule would actually apply in this case to record the conversation?
If one state is a one party state and the other is a two party state then the two party rule applies. In other words, he would have to be told you were recording him. Florida requires the consent of all parties to the conversation so you would need to inform him that you were recording him. If you don't have his permission, you have broken the law.
You however should NOT be calling your ex if you say he is harrassing you. That does not show intelligence. Nor does it show that you feel he is harrassing you quite frankly. QUIT calling him and that will solve PART of the problem.
 
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