Colorado Springs, CO asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for California

Q: I found out that my ex-husband has his girlfriend ease dropping on our conversations and recording it illegally

I found out that my ex-husband has his girlfriend ease dropping on our conversations and recording it illegally because it is confidential and she has no business with information on our kids. She is also writing letters in my name in regards to our children.

According to California Law Penal Code § 632, enacted under the California Invasion of Privacy Act, makes it illegal for an individual to monitor or record a "confidential communication" whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device. California is known as a "two-party" state, which means that recordings are not allowed unless ALL parties to the conversation consent to the recording.

I never consented to any recordings

Can I sue them both?

I live in CO and they live in CA

1 Lawyer Answer
William John Light
William John Light
  • Riverside, CA
  • Licensed in California

A: If PC 632 applies to you, you can sue both. Your post indicates that you are in Colorado Springs. If that is true, section 632 may not apply to your benefit. That issue hasn't really been decided. If federal law applies to interstate calls, only 1 party need consent. Not sure what Colorado law says on the subject, but 2 party consent states are in the minority.

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