Q: Can someone record me over a phone call if I don't consent in a one-party consent state?
I am in a one-party consent state and had a private, personal phone conversation during which I verbally expressed that I did not consent to being recorded. Despite my non-consent, the other party continued recording the conversation. Is this legally permissible if I explicitly did not consent, and what potential legal actions can I take?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In a one-party consent state, only one person involved in the conversation needs to consent to the recording. That means the other party can record the conversation without needing your permission. However, you explicitly stated that you did not consent, which complicates matters.
Even in a one-party consent state, there are often exceptions for situations where someone is warned or explicitly told they will be recorded. Since you voiced your objection, continuing to record could be seen as a violation of your right to privacy or against any verbal agreement made between both parties.
You may want to look into any specific state laws regarding privacy violations and recording conversations. In some cases, you could have grounds for legal action, such as suing for damages, depending on how the recording was used or if it caused harm. It's worth consulting with a lawyer to determine the next steps based on local laws and the situation at hand.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
