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Old 08-30-2012, 04:21 PM   #15 (permalink)
Cuddy Collector
Join Date: Aug 2012
Posts: 269

Originally Posted by kinar View Post
Its illegal to record telephone conversations without the other party's consent....unless you are the govt of course.

Also, every major company will deny your request for consent.

So recording it doesn't do you a bit of good.

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.

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

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

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.

Taping phone calls without consent can be a mixed bag. Anyone contemplating taping clandestinely should seek the advice of an attorney and not rely on the above information which is offered for educational purposes only.

OK, back to the topic at hand
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