If there is a “2-party consent” law in my state but I want to record someone in a state that doesn’t have this law, do I still need to get their permission to publish the recording on my website?

I would like to record a sales call of a prospect and then publish a recording with myself annotating the sale on my public website and client membership area. My intent is to educate my visitors and clients on how to properly guide someone from the open to the close of a sale. Do I need to get their permission to make the recording? I am doing the call. Some states only require 1 person’s consent. Does it matter where I am located?

Asked on February 10, 2015 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Three different issues:

1) If *you* are in a two-party consent state, then you need both parties' consent; if you fail to get consent, you are violating the law and could be subject to criminal liability.

2) You can get the consent with an announcement on the call that the call may or will be recorded; if people continue with the call after hearing the announcement, they have indicated consent.

3) However, even if you can legally record the call, you can't use it for your company's advantage without the permission of the caller--the law prevents us from using other's likeness (including voices) for our economic gain without their specific consent to do that.


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