How to Legally Record Phone Conversations

Understand what the laws are in your state. The federal government only requires that one person in the conversation needs have knowledge of and consent to the taping. Twelve states require all parties give consent. You can find your state laws by visiting your state’s legislative website.

Ask consent anyway. You may not know which state a person is in if they’re talking on a cell phone. If the person that you are talking to is in a different state than you, a state that requires all-party consent, that state’s laws could apply to the conversation.

Ensure you get consent on tape. You should always turn on the recording device, tell the person(s) you are talking to that you are recording and ask if they are OK with you recording the conversation. This provides material evidence that the person gave permission, just in case they ever decide to sue you for illegally taping the conversation.

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