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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you record a phone call from Colorado to someone in the

Customer Question

Can you record a phone call from Colorado to someone in the country of Mexico?
JA: Have you talked to a lawyer yet?
Customer: Kinda but they were not sure
JA: Anything else you think the lawyer should know?
Customer: That is it. The person in Colorado is a Colorado resident and the person in Mexico
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In Colorado, per Colo. Rev. Stat. § 18-9-303, at least one person in the conversation has to give consent. This can be the person that is recording the conversation. If so, then the recording is lawful.

In Mexico, per Mexican Constitution (Art. 16) gives general privacy rights to people but leaves the telephone conversations subjective. The determination of whether or not it is legal falls mostly on the purpose of the act. If the purpose is illegal (blackmail, etc), then the action is not legal even if there is consent from one the parties. But if the purpose is not illegal, then any person party to the conversation can record.

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