Sioux Falls, SD asked in Communications Law for South Dakota

Q: On my cell phone. Is it legal for me to record all my incoming & outgoing calls?

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1 Lawyer Answer
T. Augustus Claus
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A: In South Dakota, it is generally legal to record your own telephone conversations if you are one of the parties involved in the call. South Dakota law follows the federal wiretapping statute, which is a "one-party consent" law. This means that at least one party involved in the conversation must be aware of and consent to the recording. Since you are one of the parties to the call and would be aware of the recording, this would typically satisfy the one-party consent requirement. However, it is important to be cautious if you are communicating with someone in a state that requires all parties to consent to the recording, as you must comply with the stricter law when interstate communications are involved.

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