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Can I record my own phone calls?


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Posted

I got into a debate over this and I thought someone here might have more legal experience on this issue. 

Federal law is a one party consent law for recording phone calls. Tennessee is also a one party consent state. However, 18 states are two party consent states.

My understanding is that I can legally record all my own phone calls made from Tennessee even if the other person is in a two party consent state, e.g. California. 

Could anyone clarify this for me? I don't make calls out of the USA so other countries' laws wouldn't apply.

Posted

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.mwl-law.com/wp-content/uploads/2018/02/RECORDING-CONVERSATIONS-CHART.pdf&ved=2ahUKEwjUr9SsosHqAhUOVc0KHYAOCSIQFjAMegQIBBAB&usg=AOvVaw1LEPXw3Xe02P5F7B2492AO&cshid=1594335553409

 

TLDR: "It's hard to say..."

But also that the law where the recording device is located would apply, and also that the law where the person being recorded is located might be applied. (That's all from paragraph 3.)

Posted

If it’s for personal use, you could probably get away with it. If it needs to be admissible in a court of law, I’d consult an attorney. One should be involved if it’s a legal manner anyways.

Posted

Basically, all I want to do is be able to play back conversations that overwhelmed me with information. Say a conversation with a nurse who is explaining blood work or health options. Maybe I'm talking to a contractor and I don't understand something. I can listen to it later and figure out what he was saying. 

Posted
9 minutes ago, jgradyc said:

Basically, all I want to do is be able to play back conversations that overwhelmed me with information. Say a conversation with a nurse who is explaining blood work or health options. Maybe I'm talking to a contractor and I don't understand something. I can listen to it later and figure out what he was saying. 

I always keep a pen and pad of paper handy.  If they start fast talking or I can’t keep I ask them to confirm or repeat what I heard.

Quaint and old-fashioned I know, but it’s worked since the beginning of time.

  • Like 4
Posted

You are fine with what you are doing in this state. How the recorded conversation is used is sometime more important that who knows its being recorded. Under federal law, its only illegal for you to record your own conversations if they are used with criminal or tortious intent.

Here is a list of state laws on the subject.

https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/#:~:text=Federal Law&text=If you are not a,with criminal or tortious intent.

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