Are you allowed to record someone without them knowing?

I read about the one party and two party consent thing and how it’s different in states? But what happens if one person from 1-party consent state and the other from a 2-party consent state but the person from the 1-party consent state happens to be in the 2-party state at the time of the recording? Does that matter?

Asked on July 21, 2012 under Personal Injury, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are correct about the law varying from state to state regarding whether the consent of one or both parties is required to record the conversation.

The state in which the recording occurred has jurisdiction which means that its laws would be applicable in this situation.  If the recording occurred in a two party state, then the consent of both parties would be required.  It is irrelevant that one person is from a one party state.

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