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  1. #1
    Join Date
    Aug 2014
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    1

    Default "All Party Consent" States and Call Recording

    My question involves criminal law for the state of: California, Washington, Montana, Florida, Illinois, Pennsylvania, New Hampshire, Maryland, Massachusetts, Michigan-I have been researching recording calls and the above states have been listed as "2 Party" (or "all party") consent states, however I ready a thread on this site regarding Michigan that stated that if the person recording the call was a party on the call, they could record without having the other party's consent. I am trying to ascertain if this exception applies to the other "all party" states as well. I have researched various thread surrounding some of the other states and haven't seen the exception again...

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: "All Party Consent" States and Call Recording

    It sure as shooting isn't the case in Massachusetts. And I don't believe it's true in any all-party consent state, including Michigan, or what's the point of an all-party law at all?

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: "All Party Consent" States and Call Recording

    Quote Quoting Princess67
    View Post
    My question involves criminal law for the state of: California, Washington, Montana, Florida, Illinois, Pennsylvania, New Hampshire, Maryland, Massachusetts, Michigan-I have been researching recording calls and the above states have been listed as "2 Party" (or "all party") consent states, however I ready a thread on this site regarding Michigan that stated that if the person recording the call was a party on the call, they could record without having the other party's consent. I am trying to ascertain if this exception applies to the other "all party" states as well. I have researched various thread surrounding some of the other states and haven't seen the exception again...
    The following website is the best source of information on recording phone conversations because it actually quotes and cites statutes and case law:

    http://www.rcfp.org/reporters-recording-guide

    From there you can (and should) read actually statutes and case decisions by looking them up online.

    Do not rely on secondary material on the internet. That's the lazy way and there's no guarantee that the information is accurate.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: "All Party Consent" States and Call Recording

    Michigan law applies only to Michigan.

  5. #5
    Join Date
    Aug 2014
    Posts
    12

    Default Re: "All Party Consent" States and Call Recording

    i also has a question about this topic for the state of CA!

    lets say for example i have a PBX Phone system, before a call is Transferred to My Office Phone or Cell Phone it plays a Recorded MSG for Each & every Caller saying " This Call maybe Monitored and Recorded "

    is that fine or when i answer do i have to say it again and ask for there consent?

    if its all ok which is best to use?

    1. By the way our lawyers wanted us to let you know this call maybe monitored and recorded
    2. this call maybe monitor and recoded
    3. this call maybe monitor and recoded if you dont accept hangup now

    is any of this ok?

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: "All Party Consent" States and Call Recording

    Quote Quoting lostdebt
    View Post
    i also has a question about this topic for the state of CA!

    lets say for example i have a PBX Phone system, before a call is Transferred to My Office Phone or Cell Phone it plays a Recorded MSG for Each & every Caller saying " This Call maybe Monitored and Recorded "

    is that fine or when i answer do i have to say it again and ask for there consent?

    if its all ok which is best to use?

    1. By the way our lawyers wanted us to let you know this call maybe monitored and recorded
    2. this call maybe monitor and recoded
    3. this call maybe monitor and recoded if you dont accept hangup now

    is any of this ok?
    If you are unable to interpret the statute yourself, you will need to ask the attorney that represents your company.

  7. #7
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: "All Party Consent" States and Call Recording

    Someone needs to look into the IP addresses of these "what if...." posts. There's a sudden plethora of them with remarkably similar verbiage and hypotheticals.

  8. #8
    Join Date
    Aug 2014
    Posts
    12

    Default Re: "All Party Consent" States and Call Recording

    makes a lot of since....

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