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
Answered
  • 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.

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.