Queens, NY asked in Consumer Law, Criminal Law and Personal Injury for New York

Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?

3 Lawyer Answers
Michael H. Joseph
Michael H. Joseph
PREMIUM
Answered
  • Criminal Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: No, New York is a one party consent state. So as long as one party knows it is fine.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: As long as the party recording the call is identifiably on the call. In other words you can record your own calls, but not wiretap others.

Michael J Stachowski
Michael J Stachowski
Answered
  • Criminal Law Lawyer
  • Buffalo, NY
  • Licensed in New York

A: Under both New York and Federal Law a telephone call can be recorded so long as one party to the call consents. That means you could place a call and record the other party .

You cant set up a device which records conversation with two or more people none of whom consented or where the person recording is not a party to the call. With a search warrant covering calls a non party can record or monitor telephonic conversation.

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