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Recording a phone call

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Pro2A

Junior Member
What is the name of your state (only U.S. law)? PA/MD

I’m calling the Maryland comptrollers office tomorrow to settle this tax thing that I’ve been dealing with. I want to record the call to make sure I’m not getting screwed, and if it ends up in court I have proof of what they said. When it comes to voice recording, Maryland is a one party state, Pennsylvania is not. Federal law allows recording of phone calls with the consent of at least one party to the call. Would I be correct in assuming that PA two party law would be null here since it is across state lines?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? PA/MD

I’m calling the Maryland comptrollers office tomorrow to settle this tax thing that I’ve been dealing with. I want to record the call to make sure I’m not getting screwed, and if it ends up in court I have proof of what they said. When it comes to voice recording, Maryland is a one party state, Pennsylvania is not. Federal law allows recording of phone calls with the consent of at least one party to the call. Would I be correct in assuming that PA two party law would be null here since it is across state lines?
Why not just say "I'm recording this conversation"?
 

mlane58

Senior Member
Under Maryland’s Wiretapping and Electronic Surveillance Act, it is unlawful to tape record a conversation without the permission of all the parties. See Bodoy v. North Arundel Hosp., 945 F.Supp. 890 (D. Md. 1996).
 

Zigner

Senior Member, Non-Attorney
Under Maryland’s Wiretapping and Electronic Surveillance Act, it is unlawful to tape record a conversation without the permission of all the parties. See Bodoy v. North Arundel Hosp., 945 F.Supp. 890 (D. Md. 1996).
Thanks mlane - that pretty much shuts the door on that!

OP - you need to let the other party know they are being recorded and ASK if it's ok. Make sure all of that is on the tape.

If you don't want to do that, then you need to put pen to paper (so to speak)
 

swalsh411

Senior Member
Hmmmm question. (and I honestly don't know the answer). If the OP has to listen to a prerecorded message that "all calls may be monitored for quality assurance" or something along those lines does that the requirement of the two party notification law? In other words if that message has already been played to every caller does it need to be repeated to the specific person he is speaking to?
 

Zigner

Senior Member, Non-Attorney
Hmmmm question. (and I honestly don't know the answer). If the OP has to listen to a prerecorded message that "all calls may be monitored for quality assurance" or something along those lines does that the requirement of the two party notification law? In other words if that message has already been played to every caller does it need to be repeated to the specific person he is speaking to?
I have asked the same question before. Now, it came to me:

The person has to agree to EACH RECORDING made. One is able to agree to one recording and not another. So, the rep can agree to be recorded by his employer, but NOT by the caller.
 

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