• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

recorded phone call

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

sunnflower

Guest
What is the name of your state? AZ
My brother is a resident of CA and his ex wife is a resident of AZ, she recorded a phone call between them without his knowledge or consent. The phone call was used in AZ court, is this legal?
 


Whyte Noise

Senior Member
California is an all party consent state, which means that all parties involved have to be notified that the conversation is being recorded. Arizona is a one party state, meaning only one of the parties involved (usually the one recording) has to know it is being recorded. However, since the call crossed state lines, you now have Federal laws that apply. Federal laws require that only one person have knowledge. Under Federal law, it was legal. Under Arizona law, it was legal. Under California law it was illegal. Either state can enforce it's laws, although some argue that since the call crossed state lines, Federal law would pre-empt state law. Perhaps IAAL, or Home Guru might know which state's laws, if any, it falls under. I really don't know. My brain's smoking....:eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top