Can I be charged for illegally recording phone conversations without consent?

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Can I be charged for illegally recording phone conversations without consent?

I was recording conversations I had with an auto dealer about a warranty before I knew it was illegal to do so without consent.

Asked on January 16, 2012 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in one of the following states, you have violated the law--those states require both parties to a telephone call to consent to recording it: California, Connecticut, Florida, Illinois,
Maryland, Massachusets, Nevada, New Hampshire, Pennsylvania, or Washington. In those states, you could face criminal liability. In the other states, as long as you (obviously) agreed or consented to the recording, that's good enough--those are one party consent states. (Technically, Michigan requires both parties to consent, but I believe that you may directly record your own conversations yourself).


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