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Walter
Walter, Legal Consultant
Category: Legal
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Is it legal to tape record someone without their permission ...

Resolved Question:

Is it legal to tape record someone without their permission under any circumstances. If it is illegal, what is the penalty?
Submitted: 6 years ago.
Category: Legal
Expert:  Walter replied 6 years ago.

Hello,

Different states have different laws on this.

What state do you reside in?

What state was the other person in?

Walter

Customer: replied 6 years ago.
both people were in California
Expert:  Walter replied 6 years ago.

Hello,

The federal law makes it unlawful to record telephone conversations except in one party consent cases which permit one party consent recording by state law. What that means is a person can record their own telephone conversations without the knowledge or consent of the other party in those states that allow one party consent.

There are 38 states that permit one party consent. The state of California requires all parties consent. Which basically means each person much give permission for the call to be recorded. If the recorder fails to be granted permission then it was a illegal recording.

As far as what can be done, very little unless they use the recording in some way to cause you harm. The recording can not be used in court since it was obtained illegally. If the person uses the recording to cause you harm. (Such as allowing others to listen to it and this causes harm to you personally or financially or emotionally) then you could have a case in civil court depending on how it was used.

Walter

Walter, Legal Consultant
Category: Legal
Satisfied Customers: 11528
Experience: Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
Walter and 18 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Walter's Post: does this also apply to conversations that do not occur on the phone but occur in person
Expert:  Walter replied 6 years ago.

Hello,

Yes this is in person, or on the phone. Any recording you do not give consent to.

Walter

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