How to Legally Record Phone Conversations
In today's age of mobile phone technology, it's easier than ever to tape a phone conversation illegally without even knowing it. Since telephone taping laws vary by state, you could be obeying the law in your state while breaking it in whichever state the person you're talking to is in. Ensure you know how to tape a phone call legally so that you can protect yourself in case of a lawsuit.
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Instructions
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Understand what the laws are in your state. The federal government only requires that one person in the conversation needs have knowledge of and consent to the taping. Twelve states require all parties give consent. You can find your state laws by visiting your state's legislative website.
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Ask consent anyway. You may not know which state a person is in if they're talking on a cell phone. If the person that you are talking to is in a different state than you, a state that requires all-party consent, that state's laws could apply to the conversation.
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Ensure you get consent on tape. You should always turn on the recording device, tell the person(s) you are talking to that you are recording and ask if they are OK with you recording the conversation. This provides material evidence that the person gave permission, just in case they ever decide to sue you for illegally taping the conversation.
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Tips & Warnings
If you tape conversations regularly for your job, you may want to consult an attorney who understands the full scope of the law. They can help you understand any exceptions in the statutes.
States with laws that require all parties to give consent for the phone call to be taped are often referred to as "two-party consent" laws. This is an incorrect label. All parties must give consent.
If you're not taking part in the conversation at all, recording is illegal. "Taking part" means everyone in the conversation knows that you are listening.
References
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