If I worked for a business that was recording calls without getting permission, is that illegal?

Asked on June 30, 2014 under Criminal Law, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

In most states not getting permission to record a phone call is illegal. The reason is that the majority of jurisdictions have what is known as "2-party consent" (in reality it's all party consent). This means that any party to a phone call must give their permission for it to be recorded. This is in contrast to a minortiyy of states which have "1-party consent", meaning that only one party to a recorded conversation need give their consent. In an all-party state, such as PA, violation of this law subjects the person making the recording to criminal prosecution and can expose them to a civil lawsuit for damages.


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