Is it legal to record a conversation without informing the other party?

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Is it legal to record a conversation without informing the other party?

In some telephone conversations, a business party will inform the customer that,

Asked on November 6, 2016 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, as well as in other "all party consent" states (often inaccurately called "two party consent" states; however it's not merely that "two parties" to the conversation must consent to the recording, but *all* parties to it must consent), you have to get consent from everyone in the conversation for every or each recording; the onus is on the person recording to get consent for his/her recording. So you'd have to let the business know that you are recording, too, which gives them the chance to disconnect if they don't want you recording (and if the don't disconnect but continue with the conversation after having been warned you are recording it, that constitutes consent to the recording).


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