Is it Legal to tape record a conversation without the other person's knowledge?

Asked almost 5 years ago - Colorado Springs, CO

Is it Legal to tape record a conversation without the other person's knowledge? If so, could it be used as evidence in court or in an Arbitration hearing with FINRA?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Colorado is a "one-party" state, meaning that to be admissable as evidence in a court, only one party to a conversation needs to know of the recording - and that can be the person doing the recording so I think the answer is yes. In my state, the answer is no because a minority of states like Illinois require "two-party" (meaning all parties to the recording) consent.

    See my Legal Guide Recording Conversations in Illinois

    http://www.avvo.com/legal-guides/ugc/recording-...

    You need a lawyer because I do not practice in CO (I am in Chicago, IL). Check with a lawyer in your locale to discuss more of the details. As I said, I think Colorado is a "one-party" state, meaning that to be admissable as evidence in a court, only one party to a conversation needs to know of the recording - and that can be the person doing the recording. Again, check with a lawyer in your locale.

    Good luck to you.

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