What constitutes giving consent for the purposes of recording a phone call?
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What constitutes giving consent for the purposes of recording a phone call?
PA has a “2-party consent” law with regard to recording phone conversations. If a debt collector calls and the first thing I hear is “this call is being recorded”, can I also record the conversation on my end and does that satisfy the 2-party consent law even if I don’t verbally notify them that I am recording? Is the initial act of them recording and notifying me act as consent given on their end?
Asked on June 3, 2011 under Bankruptcy Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The 2 part rule can be found under 18 Pa. Cons. Stat Ann. §5704(4) which says that it is unlawful to intercept a telephone conversation unless all parties to the conversation give prior consent to the interception. The case citation for the law is as follows: Accord Commonwealth v. McCoy 275 A. 2d 28, 30 (Pa. 1971); Commonwealth v. Jung, 531 A.2d 498, 502-04 (Pa. Super. Ct. 1987). Now, I guess one could interpret the the recording as notice to you and giving you the option to hang up - not consent - or continue the conversation. I could see that being a stretch though and arguing the other way. What I do think ia that you would have to affirmatively state that you are also recording the conversation. Just to be on the safe side. Good luck.
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