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Were any laws broken when my phone call was recorded by the other party without my consent?

Rockville Centre, NY |

I am located in the state of New York. In New York, a phone call can be recorded as long as one party consents to having the call recorded.

During a phone discussion with a party in California, the phone call was recorded by the other party without my consent or any other notification. California requires 2 party consent when a phone call is recorded.

There was no consent whatsoever on my part, and here was no notification that the call was being recorded.

I found out that the call was recorded because the other party emailed our recorded discussion to me.

Were any laws broken, and if so, what are my options proceeding legally?

Thanks!

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Attorney answers 3

Best Answer
Posted

No laws were broken.

Good luck.

Asker

Posted

Thank you. Is that because I'm located in New York and not California? Is there some other reason you state that "no laws were broken", as from my understanding, California is a two-party consent state?

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

You are not in California.

Asker

Posted

And since I'm located in New York, and bound by New York laws, wouldn't the same apply to the other party in California? So that would mean that no person in the state of New York actually gave consent, since I was the only party located in New York, and I didn't give consent. And New York requires at least one party to the conversation consent to the recording.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

The person in California consented so New York is okay with you not consenting. Suing in New York will get a dismissal. Going to cops will get a rejection and refusal to do anything about the matter.

Posted

If you are correct about California law then the person there who recorded your call violated CA law. You can speak to the police in the County where the call was recorded.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Asker

Posted

Thank you Eric.

Posted

We cannot give legal advice on this site, only guidance. It looks like you know the law and answered your own question.

Asker

Posted

>Research Legal Advice What part of that did I not understand? If you can offer help, great, if not, what's your point?

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