What is the law regarding 2-party consent states for recording phone calls?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the law regarding 2-party consent states for recording phone calls?

If a state requires 2 party consent to record a telephone conversation (as does the state where the call is originating from), if one of the party’s announce “This Call Maybe Monitored or Recorded” does this also allow you to record? Do you also have to announce this to them. I was told by them it only gives permission for only them to record. No one else is allowed to. Seems a little one sided since they require you to allow the recording. They recently backed out of something they said they would do and then decided since I can’t prove it was said there is nothing they can do. I told them to pull the recording and they said it’s not available.

Asked on February 27, 2012 under Business Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law concerning two party recordings and consent in a given state or states where the telephone call is being made requires that all parties who are in on the telephone conversation be advised at the start of the call that the call may or will be recorded.

Once done, the parties can either proceed with the telephone call or terminate it before any aspect of it is recorded.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption