Q: Can I video a conversation with my phone at a business that has cameras everywhere and notices I am being recorded?
I was at a towing company trying to recover my car and I recorded my interaction with their employee at the front counter. There are cameras everywhere and notices that I am being recorded. Can I record my interaction and can I use that in small claims court? The tow was illegal and they did damage to my car.
A: Sounds like you already did. What's good for the goose is good for the gander...
1 user found this answer helpful
A: Maybe. If there is no reasonable expectation of privacy, you are allowed to record. If you were blatant in recording, then there is no violation. If you hid the recording, but the entire transaction was recorded by the tow company then, arguably, there was no reasonable expectation of privacy. If the tow company recorded video only, but you recorded audio then, arguably, there was an expectation of privacy in what was said, and you potentially violated that. No one can say definitively. We don't know all of the facts and, even then, reasonable minds can differ on whether there was a reasonable expectation of privacy.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
