Depends on the state. 12 states require all parties' consent. - sm Posted: Mar 24th, 2016 - 12:41 pm In Reply to: I don't believe that's so - sm
Per Wikipedia: "Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. §2511(2)(d)). For example, it would be illegal to record, without notification, the phone calls of people who come into a place of business and ask to use the telephone. Telephone recording laws in most U.S. states require only one party to be aware of the recording, while other states require both parties to be aware. Better practice may be to announce at the beginning of a call that the conversation is being recorded.[citation needed]
Several states require that all parties consent when one party wants to record a telephone conversation.[18] Telephone scammers and others intentionally violating the federal Do Not Call list may try to locate in those states, or use their area code prefixes. Many businesses and other organizations record their telephone calls so that they can prove what was said, train their staff, or monitor performance. This activity may not be considered telephone tapping in some, but not all, jurisdictions because it is done with the knowledge of at least one of the parties to the telephone conversation.
Telephone recordings are governed by federal law and by mainly two types of state laws:
States that currently require that all parties consent to the recording include: California, Connecticut, Florida, Hawaii (in general a one-party state, but requires two-party consent if the recording device is installed in a private place), Illinois (debated, see next section), Maryland, Massachusetts (only "secret" recordings are banned), Montana (requires notification only), Nevada, New Hampshire, Pennsylvania, and Washington (however, section 3 of the Washington law states that permission is given if any of the parties announces that they will be recording the call in a reasonable manner if the recording contains that announcement)."
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I guess you'd have to know the state the other party is in too.
But you're correct for most states. Which is the same thing that the "you broke federal law" poster's own link states too:
"This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation."
http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations
So exactly, by Federal law, if only you know, it's fine, you're the "one party" who's consenting. For State law, there are the above 12 exceptions to that "one party" rule.
LINK/URL: http://en.wikipedia.org/wiki/Telephone_recording_laws#One-party_consent_states
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