What is the law regarding 2-party consent states for recording phone calls?
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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 12 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.
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