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  1. #1
    Join Date
    Jul 2009
    Posts
    4

    Default Recording Phone Calls Between States

    Lets say I am in a state that only requires one party to consent. What if someone is calling from a state from which both parties have to be aware of the recording?

    I read somewhere that the laws of the stricter state apply, but how am I supposed to know where someone is calling from if I don't already know?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Recording Phone Calls Between States

    You are generally going to be subject to the law in YOUR state. On the off chance that the caller's state claimed you violated their law (even though you were never IN their state) the odds of them coming and getting you for what is likely a low level misdemeanor is slim to none.

    Why is it you want to record the out of state call?

  3. #3
    Join Date
    Jul 2009
    Posts
    4

    Default Re: Recording Phone Calls Between States

    It's not that I specifically want to record an out of state call, it's a call(actually multiple calls from the same person) I have already recorded. There's the possibility though that the person may be in a state which requires both parties to consent though.

    Basically what happened is I'm selling a vehicle and have an ad posted online. Someone called and told me they were going to come by at 5:30 the next day to look at it. The next day comes around and when I didn't hear from him at 5:45, called him to see what's going on. He tell me that he's waiting for his wife to get home and will call me back in 15 minutes. I'm aggravated now since I wasted time to be around(when I wouldn't have been otherwise) so I called him an hour later since I never heard back and told him that he's rude and unprofessional to waste someones time like that and a simple call to let me know he wasn't coming or wasn't interested would have been fine. He then denies even saying he was going to come look at it in the first place. So I just said forget about it, I'm not going to deal with you if you're going to be this unreliable and I hung up.

    Over the next hour he called 14 times threatening me and harassing me so after the first call I recorded all of them.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Recording Phone Calls Between States

    If the calls continue, call the police and report it. You did not mention your state, but most states have laws against annoying and harassing someone by phone. Maybe they can make a call to him and tell him to knock it off.

    If you have his phone number, you should be able to find out if it is a landline or cell phone and what area it comes out of by area code and prefix.

  5. #5
    Join Date
    Jul 2009
    Posts
    4

    Default Re: Recording Phone Calls Between States

    If it continues, I have every intention of calling the police. I just wanted to check on this first so I can tell(or not tell) the police that I've recorded the calls and have evidence of threats. I just don't want to go getting myself in trouble when I've done nothing wrong.

    BTW, I'm in Rhode Island. The phone number is in Massachusetts, but it's a cell phone so that isn't a guarantee. I don't even have a Rhode Island phone number.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Recording Phone Calls Between States

    Nope. If you can record those calls in your state, no problems.

    Also, many states have exceptions to their two-party consent laws for threats and the like, so even if a two party state, you may be okay.

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