How does consent to making a recording work in an out of state situation?

I live in TN and would potentially like to record a phone conversation with someone in Santa Monica. I’m afraid if I tell them that I’m recording them the conversation will end. I know CA is a 2 party consent state. TN is not. How does that work? Would I be prosecuted?

Asked on April 3, 2019 under Personal Injury, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you want to record a conversation the law of the state in which the non-consenting party controls. Here, since the other party is in what is known as an "all party consent state" (i.e. all people who are a party to the conversation must consent), then you must obtain their permission in order to legally record the conversation.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you want to record a conversation the law of the state in which the non-consenting party controls. Here, since the other party is in what is known as an "all party consent state" (i.e. all people who are a party to the conversation must consent), then you must obtain their permission in order to legally record the conversation. 


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