Can I tape record a conversation with a business that ripped me off, to use against them?

Question

If I felt business ripped me off, can I call them on the phone (without confessing that the conversation is being recorded), have it recorded for the chance that the company admits wrongdoing and then use it either in small claims court or let's say even criminal court ? Would that be illegal? Could I get sued by the business for right of privacy for doing this? Could I get in trouble? I know it is illegal for law-inforcement to do this to us but what about private citizens like me.

Answer 1

Depending on the state you live in, you may legally be able to record the conversation as long as you are party in the conversation. California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington do NOT allow the taping of a conversation unless all parties are aware it's being taped. Other states allow taping of phone or in-person conversations as long as one party is aware it is being taped. That means, you as the taper must be a part of the conversation and not just taping others talking.

In this case, as long as you have obtained the evidence legally, it is admissible in court at the Judge's discretion. Be sure to seek legal advice about your specific situation, however, you should be okay as long as you do it within the law. Good luck!

Answer 2

You can tape them all you want, but unless you are an agent or officer of the court, or you are working in the capacity of a lawful investigation wich will result in the possible prosecution of 1 or more individuals you cannot use it in the court of law for criminal or civil matters unless they call you. If you initiate the call and intent to record it you must state this for the record or it is assumed that no such act is taking place. this has actually been a case brought before the courts in many states do to the fact that police would call known criminals and attempt to record the call so as to use it as evidence to get a warrent. Any taped admision that cannot be validated by court agents or agents of law enforcement can be excluded or surpresed in the court of law.

Answer 3

It is against the law to record any conversations without the written or verbal consent of the other party involved. Which is why those hidden expose specials on Dateline never truely mention the company names they sneak up on, nor the name of the people they are taping and if and only if ruled by a court of law can they really show it on TV.

Answer 4

It really depends on what state or country you are in, but in most state or countries this is what the law state:

you can actually record a conversation., but that can't be used against them unless they know they are on the record. The main reason about this is that our technology is now high-tech that video and other recordings can be edited cleanly. So, courts dont accept records as evidence.

Answer 5

In some states you have to give the person a warning the call is being taped in others no. Check your state's legal code.

Answer 6

It depends on the state you live in. Where I live you can, but if not you could always start the call off by saying "for quality assurance this call may be monitored or recorded" Most people don't catch on to it, they think your joking.

Answer 7

sure you can. ive taping my neighbor's bedroom for almost 20 years now. i always get best reception anywhere.

Answer 8

You can't tape unless you state your tapping..they will say its entrapment if you don't say your taping

Answer 9

yes you can tape them. At least in my state you can.