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I need to record a phone call, the person calling me lives…

Customer Question
Hi! I need to...

Hi! I need to record a phone call, the person calling me lives in Texas and I live in California. Is it OK to record the call?

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I used to also live in Texas and the both phone numbers are texas phone numbers.

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
12/7/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,319
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. If the person calls you lives in TX and you live in CA, it is going to be okay if you record the call. The reason for this is because although CA is a two party consent state, if the person that you are recording lives in TX, which is a one-party consent state, it is going to be legal.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
If i record the call, could the other person bring a lawsuit in california against me even though they dont live here?
Customer reply replied 7 months ago
if I bring a lawsuit against them in Texas for business done in Texas, would my recording be admissible?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

They could bring the lawsuit there because a person can bring a lawsuit where a defendant lives; however, they would have to argue that you violated CA law when the the recording of the phone call was in TX. It is not likely that a judge could let the case be heard in a CA court because you didn't record another person that was in the state of California. For example, if you have a company that is based in FL, and they record in CA, they need your consent. If it is the other way around, you don't need consent. If you bring a lawsuit, then your recording is generally going to be admissible. Did you have nay other questions for me?

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Customer reply replied 7 months ago
Gotcha! Thank you!
Lawyer: Legal Eagle, Lawyer replied 7 months ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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