Everyone, prior to using a phone recording device, should be aware of the laws that govern it. I will first separate the discussion into Personal and Business.
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Personal Phone Calls
All personal phone calls can be recorded if given the proper consent. Consent is defined to be either One-Party or All-Party depending on the state(s) the participants are calling from. A One-Party state allows any participant to record the phone conversation without consent of any other participants of the conversation. An All-Party state demands that all participants of the call give permission prior to recording. The states that comprise the All-Party consent are:
California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
If more than one state is involved in the phone conversation and one of those states is an All-Party then all participants of the conversation must abide by that type of consent (All must consent to be able to record).
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Business Phone Calls
If business phone recording is accomplished by complying with the laws for personal phone calls (Observing One and All-Party consent laws) you would be compliant with federal laws. It is acceptable for a business to simply announce at the beginning of the conversation that recording could take place and it is assumed that if the listener continues into the phone conversation that he/she gives consent.
Federal laws for recording phone conversations will not be violated if individuals follow the One and All-Party state consent laws outlined above.
Our views should be regarded as our best effort to research the basics of phone recording legality but before you put yourself in a position to be tested for compliance of these laws please take the time to study your state and federal recording laws in detail.
References:
http://www.fcc.gov/cgb/consumerfacts/recordcalls.html
http://www.rcfp.org/taping/states.html
http://www.rcfp.org/taping/quick.html
http://www.law.cornell.edu/uscode/18/usc_sec_18_00002511—-000-.html
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Much appreciated for the information and share!