2007-11-12 01:36:40 · 5 answers · asked by DAVID V 1 in Politics & Government ➔ Law & Ethics
It depends on the state. Most states have one party consent laws permitting taped conversations. This means only one person needs to know it is recorded.
Twelve states currently require that BOTH or ALL parties consent to the recording. These states are:
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington
2007-11-12 01:41:57 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
While trooper had the state list correct, the real issue(s) are not that simple. First, there would need to be a determination whether the issue was one of violation of a specific state criminal code or if the issue was of a civil nature.
Also, depending on where BOTH parties to the conversation reside, it could be a federal matter.
Also, a person may sue, but not until a determination regarding the legal status of the recording under criminal codes is made. Without that determination, there is no violation therefore, no civil suit.
And of course, damages and the purpose of the recording will be determined once the issues are raised at trial. It is not sufficient that the act was in violation of the controlling law to succeed in a civil action. There must be statutory authority to sustain a civil action, such as damages or tortious relief.
2007-11-12 01:52:04 · answer #2 · answered by hexeliebe 6 · 0⤊ 1⤋
In order to sucessfully sue someone, the taping would have to cause some sort of harm to the person taped. A taped conversation, without consent is not admissable in court as evidence. The mere act of taping someone is not strictly illegal however, and there are gray areas such as messages left on voicemail are assumed to be left with the knowledge that they are taped.
2007-11-12 01:44:42 · answer #3 · answered by fangtaiyang 7 · 0⤊ 1⤋
No. except you reside in a 2 occasion consent state. basically 12 states in the U. S. are 2 occasion consent states. they are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. All different states are single occasion states, meaning that basically one persone desires to visual show unit of the recording. in case you reside in a style of 12 then you definitely can sue, if not your out of success.
2017-01-05 08:01:24 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Taped with out your knowledge, only with a court order.
2007-11-12 01:42:25 · answer #5 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 0⤊ 1⤋