Jacksonville, FL asked in Contracts, Civil Rights and Criminal Law for Florida

Q: There is a contractor who repaired my house, he has recorded my meeting with him on audio (phone). without my permission

Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: You may have grounds to sue the contractor depending on the recording laws in your state or country. In some places, it's illegal to record a conversation without the consent of all parties involved. It's important to first check your local laws about this.

If the recording was made without your permission and you live in a place that requires two-party consent, you could potentially challenge the recording's use in court. You might also want to explore if the recording itself could be dismissed due to being obtained unlawfully.

However, it's crucial to weigh your options carefully. If the recording may cause you to owe the contractor money, consider seeking legal advice before taking action. This will help you understand the risks involved and decide the best course of action.

Erik A. Perez
Erik A. Perez
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a result of the conduct and thereafter you can determine whether it is worth it to pursue a civil claim prior to filing suit. Additionally, I would recommend demanding a copy of all recorded statements.

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