How to Record a Phone Legally
If you want to record a phone conversation for documentation or evidence-gathering purposes, it is vitally important to know the law before you hit the "Record" button. Otherwise, you may find your tape is inadmissible in court. You may even be criminally prosecuted or get counter-sued by the other party for illegally recording a phone call without their permission.
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Things You'll Need
- Land-line telephone (or wireless w/ speakerphone)
- Answering machine or portable tape recorder
- Blank audiocassette
Instructions
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In the U.S., there are one-party and two-party states. In one-party consent states, it is perfectly legal to record a phone call so long as one party to the conversation is aware the call is being recorded. The other party does not need to give consent or even be informed of the recording. In two-party states, every party to the conversation must have knowledge and give consent to the recording. As of 2010, there are 12 states that require two-party consent and 38 one-party states. For a list of each, visit the Resources link.
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Investigate to see if the party you are calling resides in a one- or two-party consent state. For example, if you live in Texas (a one-party state) and the person you are calling lives in California (a two-party state), it is not legal to record the call without the other party's consent.
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Get an answering machine that has the capability to record conversations and plenty of blank audio tape. Alternatively, if your land-line or wireless phone has a speakerphone, you can simply place an analog or digital recorder near the phone. However, the sound quality will not be as clear.
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Prepare by making a "test call" (you can simply call your own voice mail) to ensure the recording device is working properly.
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Cue the tape and press "Record" to begin recording.
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State your name and the name of the party you are calling into the tape recorder. Include the current date and time (make certain this matches the date/time stamp on the recorder in the event the authenticity of your recording is ever challenged.) Do this before you dial.
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Call the other party. Allow the tape to record the sound of their phone number being dialed.
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Proceed with the conversation normally if you both live in one-party states. Should one or both of you live in a two-party state, ask the other party if this call may be recorded. This must be done at the very start of the phone call.
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Hang up the phone when the call has ended, but don't turn off the tape recorder yet.
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Conclude the recording with the sound of your voice giving the time the call ended, along with any summary notes you wish to include. Then press the "Stop" button to end the recording.
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Remove the tape from the machine and label it clearly with the date, time and the names of both parties.
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Store the tape in a safe place away from excessive temperatures, light, dust and humidity, as these can damage magnetic tapes. It is also a good idea to make a few copies of the tape and put them in safe storage away from your home.
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Tips & Warnings
• There are some exceptions to the law in two-party states. Consumers may legally record phone conversations to expose fraudulent business activity.
• Individuals are also permitted to record a call without the other party's consent if they believe the other party is committing or may be about to commit a crime.
• If you are recording a wireless call with a portable recorder, electronic interference between the two devices may cause you to hear static or constant beeping tones on the tape. This can make the conversation completely inaudible.
• It is illegal to record any conversation to which you are not a party. This violates federal wiretapping laws.
References
Resources
- Photo Credit phone 3. image by Alexander Lukyanov from Fotolia.com
