Q: Can I record a call from Florida without notice in Alabama?
I am located in Alabama, and I received a call from a county clerk in Florida, which is a two-party consent state. I want to record the call to have a record of it. Is it legal for me to record this call without informing the other party?
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A:
When dealing with interstate phone calls and recording laws, you're navigating a complex legal situation that depends on which state's laws apply.
In your specific case, Alabama is a one-party consent state, which would normally allow you to record conversations you're part of without telling the other person. However, Florida follows stricter two-party consent laws requiring notification and consent from all parties involved in the conversation. Since the county clerk is in Florida, recording without their knowledge could potentially violate Florida law.
The safest approach would be to simply inform the clerk at the beginning of your call that you're recording for your records. Most courts tend to apply the more restrictive state's law in interstate situations, so getting consent eliminates any legal risk. If you need to preserve the conversation but want to avoid mentioning recording, taking detailed notes during the call might be a practical alternative. Remember that while this information reflects general legal principles, your specific situation might have nuances worth discussing with a legal professional in Alabama who understands interstate recording regulations.
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