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Telephone recording: STATE LAWS


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One Party States: Alabama, Arizona, Alaska, Arkansas, Colorado, Delaware, Washington D.C., Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisianna, Maine, Minesota, Missouri, Nebraska, NewJersy, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregan, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.

States Requiring Both, or All people to know it is being recorded. (Two party states) Two Party States: California, Conneticuit, Florida, Illinois, Maryland, Massachusets, Michigan, Montana, Nevada, New Hampshire, Pensylvania and Washington.

Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)

Twelve states require, under most circumstances, the consent of all parties to a conversation. Be aware that you will sometimes hear these referred to inaccurately as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the taping.

I have used this against 2 CA's so far and both were settled out of court for $1,000 plus lawyer's fees. (550) Texas.

Doing some research, I found that if someone calls FROM a one-party state to a TWO-PARTY state, the courts (the only ones I found) have agreed that it is okay to record if you are calling FROM A ONE-PARTY STATE. I saw a post a while about that.

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