A frequent legal question is: Can I record a phone call without the other person's consent? The answer is as you will see is Yes and No.
1
Federal Law
Federal Law permits the recording of a phone call with the consent of at least one party. However, federal law is not necessarily controlling in most situations. Federal law may apply, but not always, when the parties are in two different states.
2
Majority Position
The majority of states follow the federal line of reasoning and permit single party consent to tape a call. Thus you don't have to get the other person to agree. States which are believed to follow this rule include:
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming
3
Minority Position
A minority of states require both parties to consent to the recording of a phone call. If a person tapes in these states without two party consent, there can be both civil and criminal consequences. Those states are believed to be:
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington
4
Taping to Submit as Evidence in Court
Even if only one party consent is required in a state, it is at the Judge's discretion whether a tape or transcript can be admitted into evidence.
5
Some Interesting Exceptions
In some states a limited exception is made for taping by businesses under certain circumstances. In California there are severe penalties, monetary fines and jail, for taping without consent but consent may also be implied and if a characteristic "beeping" warning is used, no consent is required. Indian Reservations and Military Bases fall under the federal rule even if they are located withion a two party consent state.
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