Recording Calls

Washington

Washington requires the consent of all parties. Some companies manage to work around that by going to the Indian reservations or any federally owned property to make the call – Federal law is a one party consent.

Indiana

In the state of Indiana it is one party authorization. As far as what is admissible in court it is still being tested per each case individually by the prosecutors office in the county in which the investigation or case was done.

New York

New York is a one party state, however some courts will not admit an interview with a witness to an event if they were not informed they were being recorded. Apparently the judge may use his discretion.

Pennsylvania

Pennsylvania requires the consent of all parties. 18 Pa. Cons. Stat. Ann. Sec. 5704(4) with the following exception: any individual may record a phone conversation without the other party’s consent if:

  1. The non-consenting party threatens the life or physical well being of the consenting party, or any member of his/her family.
  2. The non-consenting party commits any criminal action (the statute specifically uses the example of telling the consenting party that they have marijuana they want the consenter to buy, but does state ANY criminal act).

Felony penalties may be imposed for violation of the Pennsylvania statute

Connecticut

Connecticut joined the ranks of two-party consent about 3 years ago. The State Police there is quite diligent in enforcing the law. Ironic, since they were the ones responsible for the law going into effect by illegally recording the telephone calls of prisoners at the individual barrack when arrested.

Massachusetts

Massachusetts requires consent of al parties unless another exception applies (Massachusetts Gen. Laws Ann. ch. 272, Sec. 99). Telephone equipment, which is furnished to a phone company subscriber and used in the ordinary course of business, is excluded from the definition of unlawful interception devices (Id. at 99(B)(3)). Office intercommunication systems used in the ordinary course of business are similarly exempt (Id. at 99(D)(1)(b)). The criminal penalty is a fine of up to $10,000, imprisonment for up to five years, or both. In civil litigation, an injured party may recover actual and punitive damages as well as costs and fees. It is a separate violation to divulge or use the information garnered through unlawful interception and an additional penalty of up to two years in prison or $5,000 may be imposed on this count.

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