I know it is illegal to record phone calls w/o consent, but what about having someone on another line listening to the conversation and taking notes who could be used as a witness later?
2006-09-13 09:45:42 · 10 answers · asked by Bozie Bear 1 in Politics & Government ➔ Law & Ethics
Record it anyways as a backup. Just make sure nobody can tell its being recorded. The best way to do it is to have an answering machine that does not hang up when someone calls in so it records your call. Then its all legal. They get the answering machine, and then they get you - the answering machine just happens to be still recording is all. Happens all the time to everyone. And if you have the message set right then they knew the answering machine was going to record a message. Bunch of BS that you cant record calls.
2006-09-13 09:51:31 · answer #1 · answered by Anonymous · 0⤊ 1⤋
As usual, most of the advice here is wrong. Matt is right. It depends on the state as to whether both parties must consent. Except for Fla. which is a 2 party state I cannot vouch for his state list. The Federal government does not require 2 parties, but Fed courts may exclude conversations illegally recorded in 2 party states -- an issue that came up in the Monica Lewinsky scandal. A person listening in is not illegally recording & can testify as to what s/he heard unless a state law excludes undisclosed evesdropping. Nor is what they heard hearsay if it is sought to be introduced simply to prove the speaker said it.
2006-09-13 11:02:56 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It depends on the state in which you live. In some states only one person (you) need to know that the call is being recorded. But in others both parties need to know. The states of California, Connecticut, Delaware, Florida, Massachusetts, Maryland, Michigan, Montana, New Hampshire, Pennsylvania and Washington require both parties know about the recording. The reast are "one-party" states where only you need to know that the conversation is being recorded.
2006-09-13 10:03:27 · answer #3 · answered by xeuvisoft 3 · 0⤊ 0⤋
Laws very in every State, but typically you can record a phone call to which you are participating in. In other words, you are speaking to the other party and they to you, but they are unaware of the tap....
...It is unlawful, for example, or maybe in-admissible is a better word, for a person to be recording you and the other person and not be speaking or participating in the conversation. This tape would be thrown out in court.
2006-09-13 09:51:34 · answer #4 · answered by Rada S 5 · 0⤊ 0⤋
There is only one circumstance I'm aware of that it is legal to record a telephone conversation without prior consent- and that's to file a complaint with the FTC involving a nusiance credit collector!!! Otherwise, I believe you would be opening a rather large can of worms! Besides that, most courts prohibit recordings!!!
2006-09-16 14:14:03 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Perfectly legal; amd in some states you can records with only one persons consent
2006-09-13 09:54:00 · answer #6 · answered by Anonymous · 0⤊ 1⤋
you probably wouldn't be able to use that person's testimony later. if someone just happened to overhear something, like, maybe you had someone over and they were "going to use the phone" and "picked it up not knowing you were on it" and "happened" to hear what the other person was saying. that might work. or speakerphone.
2006-09-13 09:56:03 · answer #7 · answered by practicalwizard 6 · 0⤊ 0⤋
Depends on which State you're in.
2006-09-13 09:55:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
That is hearsay evidence and not admissible in court.
2006-09-13 09:49:53 · answer #9 · answered by regerugged 7 · 0⤊ 1⤋
Won't stand up in court.
2006-09-13 09:52:16 · answer #10 · answered by hmmm... 4 · 0⤊ 1⤋