CanI sue someone for taperecording me without my permission?

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CanI sue someone for taperecording me without my permission?

My sister is going through a divorce in PA and I live in SC. She is still in the house with her husband and last night he taped a conversation between the 2 of us without our permission. I want to take legal action against him because it is a violation of my privacy. Do I have legal recourse?

Asked on November 10, 2010 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally these questions have to deal with one party notification states and two party notification state rules when one of the parties wants to record the conversation.  But here you have a recorded conversation by NONE of the parties and assumedly none gave consent.  It is my understanding that under Federal Wiretapping Law it is required that at least one party to the conversation must be notified of the taping.  Again, I am assuming that neither of you knew and that neither of you consented.  So yes, I do think that you have at least the basis for speaking with an attorney on the possibility of a claim.  The buss words are an "expectation of privacy."  Good luck.


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