Question: can a law firm record a telephone conversation without warning the party involved?

[La Lioness Priyanka]

[Rosie1223]

1. I'm not a lawyer

but I think the laws vary by state. Some states only 1 party needs to be informed the conversation is being recorded.

[Midlodemocrat]

2. I think they can, depending on the state, but they usually tell you it's being recorded.

Ask rug or MrCoffee or Deep13. They're attorneys.

[av8rdave]

3. In my state, they must tell you it's being recorded

If they record it without telling you, it's not admissible for anything legally.

[flvegan]

4. From what I understand, this is a Federal law, and the answer is no.

If it's a law firm collecting a debt, they have to mini-miranda you and that usually has the "this conversation may be recorded" tag.

[MajorChode]

8. The federal law doesn't say that.

The federal law says one side must be aware the telephone conversation is being recorded. Otherwise you would have an illegal wire tap (assuming no warrant).

However a few states require that both ends are aware of the recording. Since debt collectors routinely operate in multiple states, they generally include the disclaimer to cover the few states that require it.

[SacredCow]

5. Depends on the state....

IIRC, in all states it would be illegal for me to record a conversation between you and someone else without your knowledge. On edit- I guess that is what is generally considered as "wire-tapping."

However... In some states, (mine included) it would be perfectly legal for me to record a conversation between you and I, without your knowledge.

[Oeditpus Rex]

6. This applies to journalists and the general public

but it's a good starting point, at least.

http://www.rcfp.org/taping/



Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law §§ 250.00, 250.05. Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id. In addition, those who talk in the presence of a non-participating third party may have no expectation of privacy with respect to statements overheard by the third party. People v. Kirsh, 176 A.D.2d. 652 (N.Y. App. Div. 1991).

(more at link)

[SacredCow]

7. From a website that sells phone recording equipment:

The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

It is illegal under all jurisdictions to record calls in which one is not a party.

A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

http://www.rcfp.org/taping/states.html

[MajorChode]

9. The simple answer is yes

Unless you live in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania or Washington.

[Deep13]

10. I'm not really sure, but I seem to remember...

...that any conversation may be recorded as long as one party to the conversation is aware of it. Anyway, I'm not aware of any law that would prohibit the practice, but I've never done it. Of course I'm in Ohio, not NY. I do know that all telephone calls to or from the jail are recorded by the sheriff except for calls between lawyers and their clients.

There is a lot of case law in this state on telephone harassment and governmental wire-tapping, but a quick review did not show anything on recording telephone conversations.

[mwooldri]

11. Correct answer has been given above but if you want your call recorded....

... why not just call the Department of Homeland Security and ask them to produce the recording?

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