Houston, TX asked in Communications Law and Federal Crimes for Texas

Q: Recording Consent

If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call).

If the person in CA records the person in Texas and the person in Texas did not consent is the person in CA breaking the law?


1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication.

Under California law, the State of California may prosecute you for recording a conversation unless all parties to the communication have consented.

Therefore it is unwise to record any conversation if a participant is located in California at the time of the communication

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