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Is it legal to record a conversation that is presumed

Customer Question
Is it legal to...

Is it legal to record a conversation that is presumed confident?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Arkansas

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

No i just found out it was recorded on Sunday evening.

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

It was a presumed private conversation between my pastor, my husband and myself.

Submitted: 4 months ago.Category: Legal
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Answered in 2 minutes by:
3/6/2018
Lawyer: ScottyMacEsq, Attorney replied 4 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Yes, it is legal. Arkansas is a "one party consent" state, meaning that intercepting or recording any wire, oral, cellular or cordless phone conversation is illegal in Arkansas, unless the person recording is a party to the conversation, or one of the parties to the conversation has given prior consent.

What that means is that ONLY one party to the conversation need even know about the recording (including the party that is recording it) for it to be legal. It can be secret / hidden from the other parties and still be legal.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 4 months ago
Was I charged $42? This was a free trial
Lawyer: ScottyMacEsq, Attorney replied 4 months ago

I don't know anything about a free trial. I only see the questions on my list.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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