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RobertJDFL
RobertJDFL, Lawyer
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can a person record my conversation without letting me know

Resolved Question:

can a person record my conversation without letting me know and play it to numerous of other people
Submitted: 2 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 2 years ago.

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Illinois is a "two party consent" state, meaning it is actually a crime to record a conversation unless all parties to the conversation consent. 720 Ill. Comp. Stat. 5/14-1, -2. However, recording laws don't normally apply in public places, where there is no expectation of privacy (e..g, if you were outside talking on the street where anyone could walk by and hear you).

 

Thus, if this was in fact a private conservation that was recorded without consent, you could report it to the police. Additionally, you may have a civil claim for invasion of privacy based upon the intrusion into your solitude or seclusion. It wouldn't be defamation unless false statements were made about you to a third party. If everything said in the conversation was true, then there is no defamation.



If you would like any additional information or have more questions please don’t hesitate to ask!

Customer: replied 2 years ago.
a friend recorded a private conversation and is playing it to everyone we know and I know. it is causing me alot of suffering.
Expert:  RobertJDFL replied 2 years ago.
Thank you for your reply.

Well, you have the option to contact the police at this point because as I mentioned, it is against the law to record the conversation without your consent. Even telling this person that what they did was against the law and you intend to call the police would likely get them to stop if they continue to play this tape for people.

You may also be able to sue for invasion of privacy, though to be honest, while I can understand feeling embarassed or betrayed by what happened, unless you have incurred some form of damages, I don't see a court awarding you anything, because there has to be something more than hurt feelings. If there was some significant form of damages, such as customers stopped coming to your place of business or you lost your job over it, then that would be a much stronger claim.




RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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