Originally Posted by DonH
Originally Posted by AnotherStander
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties

This is NOT TRUE in all states. NOT TRUE. If you live in one of the one party consent states you are correct and this statement is accurate. However if you live in one of the 11 two party consent states BOTH parties must be aware and consent. This also goes to recording in person although those laws have been “evolving” over the years to only include places where there is no reasonable expectation of privacy - generally meaning public places. A home would not qualify. Need to be careful when giving advice like this - especially if it is wrong advice.

The 11 two party consent states are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.



This is correct. AS is referring to Federal Law. However, most laws are prosecuted at the state or local level. So while a person can't be arrested and prosecuted under federal law they may have criminal liability under state law.

However, even if legal, it still will probably backfire against the spouse who was recorded without her knowledge. They won't be thanking you for showing the error of their ways.

Lastly, don't get legal advice from a forum or a movie. Check with an attorney when in doubt.