I was on the phone with someone and was put on speaker phone to talk to someone else. That person i was on speaker phone with is now saying they recorded the phone call. Which i believe cant be done legally without actually consent from one party. So i would like to know how consent is given, by either party. If it is required to be verbal or if you can just record it without telling the other party.
This does vary from state to state and thus I am only responding with regards to VIRGINIA law. Also, if one party was in one state and the other in Virginia, the other state's laws may apply as well.
So for a Virginia to Virginia call, here is "the rule":
Virginia is a "one-party consent" state, meaning it is illegal to record a phone call (or otherwise intercept certain communications), unless at least one party to the conversation is aware of the recording. Therefore if the party on the other end knew the call was being recorded no criminal act occurred even if you were unaware.
Now, that is for criminal liability. In CIVIL cases there is a rule that such recordings are inadmissible in most situations unless the party against who the recording is being used (you, in this example), knew and consented to the recording, preferably by a statement on the recording itself. Now, as with all rules of evidence there are exceptions, so if this is a civil matter and you want to know where you stand, speak with and attorney who can advise you more fully.
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