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Tape Recording Law by State

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In some states, like NY, it is a criminal offense to tape without consent. Other states have civil actions where damages can escalate. Your phone company, too, has regulations regarding taping, contained in their agreement with your state regulators.

I

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If you notify the other party that you are going to record the call, they can hang up if they don't want to be recorded. Staying on the line after being notified is consent by default.

Also, that site only lists the Statutes, not the court rulings that go with it.

e.g. "Illinois is, by statute, a two-party state. However, case law from both the IL Supreme Court and various Illinois appellate courts have declared Illinois a one-party state in the case of private citizens (businesses and plain folks - NOT law enforcement). The reigning consensus is that one-party consensual recording is merely "enhanced note-taking" and since some folks have total recall without recording, how can the other party have any expectation of privacy to a conversation held with another person."

This site includes the Federal guidelines and exceptions to the State statutes ruled by the courts:

http://www.callcorder.com/phone-recording-law-america.htm#The%20US%20Federal%20Law

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