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Is it legal to record a telephone conversation without the other person knowing

Brockton, MA |
Filed under: Civil rights

im being accused of harrasment and threatning but that never happened and they have me recorded but i never threatened anyone. we have to go back to court because the plaintiff didnt have enough evidence. i still got served with a restraining order even though he used to beat me

Attorney Answers 3


  1. Under Massachusetts law, you may not record a telephone call without the other person's knowledge and consent. If the plaintiff tries to introduce evidence in court which is derived from any such recording, you can file a motion asking for the evidence to be excluded on those grounds.

    You should work with an attorney who knows how to frame these issues.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


  2. I agree with Attorney Golden. Based on what you've written, the plaintiff seems to have violated the Massachusetts anti-wiretapping statute, General Laws Chapter 272, Section 99:
    http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99

    Not only is violation of this law a crime, it can result in civil damages in a lawsuit. I'd contact an attorney prior to your next hearing. Good luck.


  3. No. Mass. law bars "secret" recordings, i.e. recordings made without knowledge. Recording a phone conversation is a criminal act and you can report that to the police.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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