Wiretapping laws

[GuyOnTheWeb]

Can I record a telephone call from a one party consent state without announcing that it is being recorded, when the recipient of the call lives in a state that requires consent on both ends? Like say I go to Virginia, and call someone in Maryland. Or do they have to both be in the state of Virginia? Or another one party consent state?

 

[quincy]

Can I record a telephone call from a one party consent state without announcing that it is being recorded, when the recipient of the call lives in a state that requires consent on both ends? Like say I go to Virginia, and call someone in Maryland. Or do they have to both be in the state of Virginia? Or another one party consent state?

You should follow the laws of the more restrictive state. If you are calling a two party consent state from a one party consent state, you need to get consent to record. This also is assuming you are a party to the call you are recording. If you are not a party to the call, you cannot record anyone else’s call without their consent.

When in doubt, ask for permission before recording.

 

[adjusterjack]

You should follow the laws of the more restrictive state. If you are calling a two party consent state from a one party consent state, you need to get consent to record.

That is not a hard and fast rule.

"While some courts apply the wiretapping law of the state where the recording took place, other courts apply the wiretapping law of the state where the recorded individual was located."

iRecorded a private conversation: Call recording and the law (mnbar.org)

The article provides a footnote to that comment:

"Compare Broughal v. First Wachovia Corp., 14 Pa. D. & C. 4th 525 (Pa. Com. Pl. 1992), with Kearney v. Salomon Smith Barney, Inc., 137 P.3d 914 (Cal. 2006)."

 

[Just Blue]

px hx

 

[quincy]

adjusterjack, from your link: “Remember, even though a recording may win a client’s case, it may also subject the client to criminal liability … When in doubt, though, the best practice is to obtain consent of all parties to a telephone conversation prior to recording …”

GuyOnTheWeb should find another way to prove someone murdered his mom. Opening himself up to criminal liability by recording a call from his home in Maryland without the consent of the other party is foolish (and illegal).

 

[quincy]

This thread has been reported to the moderator. GuyOnTheWeb, you have violated several of the terms and conditions for use of this site. I don’t think I have read a more appalling or disturbing post ever on this forum.

 

[quincy]

This thread has been reported to the moderator for possible suspension or banning of GuyOnTheWeb’s account.

GuyOnTheWeb, you have violated several of the terms and conditions for use of this site. I don’t think I have read more appalling or disturbing posts ever on this forum.

 

[quincy]

GuyOnTheWeb, you have expressed very clearly why you do not like this forum and some of the members on this forum. I recommend you find a place that better fits your needs.

Previous advice offered to you in your other threads is still good advice.

As a note: I read your prior private messages. I do not answer poster’s questions off the main board.

 

[stealth2]

Why do I get the feeling that @GuyOnTheWeb doesn't like you much, q? SO many missing posts...

 

[quincy]

Why do I get the feeling that @GuyOnTheWeb doesn't like you much, q? SO many missing posts...

I imagine some posts might be returned to this thread - but I am thinking that the moderator might want to edit out a few of the more graphic comments.

Tip for posters: Wishing for the mutilation, dismemberment and/or death of forum members or their families typically is not the best way to endear oneself to volunteers on this site.

 

[Just Blue]

I imagine some posts might be returned to this thread - but I am thinking that the moderator might want to edit out a few of the more graphic comments.

Tip for posters: Wishing for the mutilation, dismemberment and/or death of forum members or their families typically is not the best way to endear oneself to volunteers on this site.

It is, however, a great indication that a poster needs a long visit in a mental health care facility.