Individuals, businesses, and the government often have a need to record telephone conversations that relate to their business, customers, or business dealings.
The U.S. Congress and most states’ legislatures have passed telephone call recording statutes and regulations that may require the person wanting to record the conversation to provide notice and obtain consent before doing so. Most states require one-party consent, which can come from the person recording if present on the call. However, some states require that all parties to a call consent to recording.
Laws governing telephone call recording are typically found within state criminal statutes and codes because most states frame call recording as eavesdropping, wiretapping, or as a type of intercepted communication. State laws may not explicitly mention telephone call recording because of these technical definitions. Accordingly, counsel may need to infer when and under what circumstances a state permits telephone call recording by reviewing prohibited actions.
The big issue when it comes to recording someone is whether the jurisdiction you are in requires that you get the consent of the person or persons being recorded... more
Laws governing telephone call recording are typically found within state criminal statutes and codes because most states frame call recording as eavesdropping, wiretapping, or as a type of intercepted communication. State laws may not explicitly mention telephone call recording because of these technical definitions. Accordingly, counsel may need to infer when and under what circumstances a state permits telephone call recording by reviewing prohibited actions.
The big issue when it comes to recording someone is whether the jurisdiction you are in requires that you get the consent of the person or persons being recorded... more
