Is it okay to record a telephone conversation without telling the person?

Question

We had a problem with a company and I don't think the situation was handled. I am going to call the manager tomorrow and would like to record the conversation in case he admits to improper procedures. Is that legal to do?

Answer 1

This depends on the state: many states require both people to be aware that the conversation is being recorded. However, many states only require that one person be aware of the recording. This is because of the idea that if one person voluntarily speaks information to another, they have waived any interest in privacy that they may have otherwise have had. Check with a local attorney to tell you your state's law.  

Answer 2

When you call...if you get a message "this call may be recorded " then they just gave you permission.

Anyway, you can record calls...it's just that recorded calls without the knowledge of the other party is not admissable in court

*matt's right...some states only require 1 party be aware of the recording for admissability in court.

Answer 3

Yes its very illegal... And it be thrown out of  court...

Answer 4

It's legal in most states.  See the link below for details.

Where it's illegal, it's inadmissible, pretty much without exception.

Where it's legal, there might be some jurisdictional variation on the evidentiary rules, but at least in *some* jurisdictions...if it's legally obtained, then there's nothing that makes it presumptively inadmissible.  Of course, if there are irregularities in the recording, some credible reason to think it's been doctored, etc, then it might not be admitted.  (Some courts are stricter about this than others.)  There's also frequently less weight placed upon this sort of recording, because of concerns that it may have in some way been set up by the person doing the recording.

Answer 5

Over the phone, he does have an expectation of privacy. But if he admits to something illegal, you can use that as evidence against him (makes total sense, right)

Answer 6

It would not be admissable in court.

Answer 7

In most states it is legal, but may not be admissible.

Best way to do this is record, then transcribe exact conversation. If needed in court, you can quote word for word. Let them worry about how you came by it. Be honest if asked, but as long as the actual recording is not entered into evidence, the judge will take their behavior into account.  

Answer 8

Matt answered it correctly . The first two people before him do not know what the h**l they are talking about. Give him to 10 points if anyone. It really does differ from State to State.