Can I press charges/sue someone for recording me without my consent?

I know mine is a 2-party consent state. I was talking to my neighbors last week and one of them secretly recorded our conversation. I know this information because a different neighbor told me that the first mentioned neighbors played the audio recording for her. They did not ask for my consent nor did I have any knowledge of this recording prior to today. What are my legal rights in this situation? How can I make them delete the recording and any copies? Can I press charges or take them to court?

Asked on June 21, 2016 under Personal Injury, California

Answers:

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

Answered 4 years ago | Contributor

Assuming that the issue of proof can be met, you can bring both criminal and civil actions to bear in this case. To illegally record someone without their consent is a crime in CA, as well as a personal injury for which you can sue for money damages. That having been said, where did this conversaron take place? The fact is that if you were recorded in a public or semi-public place like a street or restaurant, then you would be probably be deemed to not have had a "reasonable expectation of privacy" (i.e. that no one was listening in or overheared the conversation). At this point, you should consult directly with an attorney in your area. After you go over all of the details of your case, they can best advise you further. 


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