Can You Record Somebody Who is Lying to You on the Phone
I live in California and I have been talking to a man I met online for over 7 years now who also lives in California. I recently have found out he has been lying about being married for almost 2 years now and still communicates with me under the premise that he is single and would be interested in dating me if we lived closer. He calls me 3 or 4 times a week and it always involves this same deep seeded lie of being a bachelor.
My question here is this... Can I record our phone conversations and not be sued later?
All I want to do is let his wife know what a dirtbag he is but I don't want to go to jail for it. We solely talk on the phone now so I have no proof without some kind of recording. Recording without telling him is illegal from my understanding... but what if I tell him he is on speakerphone and then record? And what if he leaves voicemails?
I'm assuming she has no idea who I am so I will need something other than "my word" to prove any of this.
Re: Lying to me over the phone... can I record?
Q: My question here is this... Can I record our phone conversations and not be sued later?
A: Yes and no. We can't guarantee what anyone is going to do in the future.
Re: Lying to me over the phone... can I record?
Thanks for the response but is it illegal to make a recording of a voicemail?
He would obviously know he is being recorded in that circumstance and that it can be replayed for anyone I choose. Is there still reasonal expectations of privacy in that case? Or in the case where he is told he is on speakerphone? What is illegal exactly?
Re: Lying to me over the phone... can I record?
California is an "all party consent" state, which means you're not allowed to record people without their consent.
A voicemail message is already a recording. If somebody leaves you a recorded message such as a voicemail or answering machine message, they've implicitly consented to being recorded. Note that this is different than secretly using an answering machine to record a conversation - I'm speaking of somebody knowingly leaving a recorded message.