Saturday, October 31, 2009

Is it legal for someone to record your conversation when they call you?

If someone was to call you on the phone and record your conversation without telling you is that legal? Does it vary from state to state? City to city?

Now.. is it legal if they recorded you but didn't make i public?

Is it different if they made it public? Would it then become illegal?

Or only if they tried to make money in some way off something like that?
Answer:
It depends on what state you live in (not what city). Generally speaking, it's either illegal to record you without telling you, or it's not. Whether they make it public typically isn't really relevant, although you might have issues relating to invasion of privacy. States have very different laws on this.
It is illegal unless they inform you that they are recording your conversation
They can record phone conversations, but they can't use it against you unless they told you that the conversation was being recorded.
You must find out whether you or they live in a one or two party state. If a two party state is involved, both people must know you are recording. If the recording device is visible, then it should be OK
As long as one person on the line knows the conversation is being recorded, it is legal. If both parties are unaware that their conversation is being recorded, it is illegal. Being made public makes no difference.
In some states only one person involved in the conversation needs to be aware it's being recorded.
If they inform you, or if they're is audible beeps on the line.
Depends on the state. In some states, only one party needs to know that the recording is being made. In others, an audible beep is required every 30 seconds to let both parties know the call is being recorded. You'll need to check with your state law enforcement to get an accurate answer.

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