Legality of Recording Phone Conversations
- All parties must give consent in California.California flag image by palmer530 from Fotolia.com
Some states, such as Alaska and Idaho, require only one party to be aware that the conversation is being recorded. Other states, such as California, require that all parties involved in the conversation know they are being recorded. - Notification means either verbal or written consent from the parties involved. Any device used to record a conversation must have the ability to be switched on and off. The Federal Communications Commission enforces all notification laws.
- Only certain evidence gained by phone recording can be used in Wisconsin courts.Wisconsin state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
Some states, such as Wisconsin, will not allow any evidence obtained from a recorded telephone conversation to be used in a court of law. However, evidence obtained regarding homicide or kidnapping may be used. - Anyone who feels as if their phone line has been illegally tapped may contact their local phone company in order to find out. Phone companies will disable any illegal wiretap they find on your phone line. However, if the wiretap has been authorized by a court of law, the phone company has no obligation to inform you until the wiretap has been discontinued.
- Penalties for illegal recording include fines and imprisonment.cash image by Mat Hayward from Fotolia.com
Those who illegally record telephone conversation are subject to steep fines and possible imprisonment. Penalties include a fine of up to $10,000 or a prison sentence of no more than five years. Victims may also recover any attorney fees or the cost of any damages related to the illegal recording of their telephone call.
