Taping telephone conversations?

Question

Hello,

Does anyone know if it is legal to record the conversation of someone whilst you are speaking to them on the telephone?

Thanks,
Jason

Thanks everyone.

Answer 1

yes you can record, but you MUST inform the person that you are recording the conversation.

Answer 2

It is possible to do without them knowing, but legally you are not allowed to record the other party on the phone without telling them you are recording.
A lot of companies put out a general warning that they may record the conversation, (normally to improve the service), if you could do that then people wouldn't know they were being recorded, but that they could be, and that would be acceptable within the law.
There are phone leads which plug into the phone socket, and the microphone socket on a recorder, to record both sides of the conversation, I have used one on a few occasions, mainly to get prove of what was being said to me. Or to save a friend money when ringing a 09 number, by recording all the details by just listening once.

Answer 3

This is a very complex question.
There are both federal and state law regulating telephone taping.
Consent will normally make it legal.
However with no consent there is a gray area. For example if you record using an external microphone and not a device in between you and another person, also if you talk to your own child in your own home, ect. etc. The possible gray areas are limitless.
I would suggest reading federal statutes like this one:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_119.html
And also your local state laws.

Also, even if the wire tapping laws allow such recording -- you can also get sued for invasion of privacy.

Answer 4

I record every conversation I have. I use those recordings for my own professional use so that I can remember who called and what was said. Since I'm in politics this also helps to remind people who attempt to weasle out of things later on. I don't give a rat's *** if it's illegal. Everyone who knows me personally knows I do this so if you don't want me recording our conversations, whether in person or on the telephone, then don't talk to me.

Answer 5

It is perfectly legal to tape a conversation as long as you are one of the active participants. Its illegal to tape a conversation that is not your own. (which is why the cameras in gas station convenience stores and whatnot only have video and not sound)

However, if this is something that you are not intending to be sneaky with, throw a general disclaimer out to the person on the other end at the beginning of the conversation that you are taping it.

Answer 6

you can tape a persons conversations but you have to inform them you are doing so. the reason being if as a example you want proof of something that is said. you cannot use it as evidence in a court room unless the said person was fully aware beforehand he/she was being recorded else it is in-admissible

Answer 7

It depends where you are. In the US, different states have different laws. Usually you have to tell the person you are recording or there has to be a beep tone in the background while the conversation is going on.

Answer 8

In 2 circumstance:-
When they tell you st the start of the phone call, or when they have a warrant from the secretary of state

Answer 9

Yes its perfectly legal to do so...but cant be used in court without thier knowledge of the taping first .

Answer 10

Ive seen it on court TV before, yes im pretty sure that can be used as evidance