Results 1 to 3 of 3
  1. #1
    Join Date
    May 2008
    Posts
    1

    Question Can A Recorded Conversation Be Used For A Slander Case?

    My question involves defamation in the state of: New York

    Hi!!! I was wondering if someone could help me out. I recently opened a daycare in NYC. Everything has been going really well. But since day one that I opened another daycare in the same neighborhood has been slandering my daycare. The owner has been going around to everyone possible saying we are horrible people, dont come to my daycare and everything else under the sun imaginable. She has also been making people call her everyday faking that they are perspective parents to find out all the information she could on my daycare. This has been going on for months and I just can't take it anymore. She is filled to her capacity with children so I don't understand why she cares so much. I'm just afraid this is going to give me a bad name and ruin business for me.

    So my question is....do I have any type of case against her for slander or anything else? Can a recorded conversation be used as proof in a slander case? She speaks to a few people that I also know in the area and I can have her recorded. Or is there another way if a recording can't be used?

    Thanks in advance for any help!!!!!!!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can A Recorded Conversation Be Used For A Slander Case?

    She has also been making people call her everyday faking that they are perspective parents to find out all the information she could on my daycare.
    This is perfectly legal. It's called "gathering business intelligence". Information about your daycare is NOT private.

    So my question is....do I have any type of case against her for slander or anything else?
    Can you demonstrate that you have suffered monetary damages as a direct result of her flapping jaws?

    Is she telling people that your daycare is filthy, unsafe and abuses children, or is she simply telling people "Jenny is a bitch, I'd never send kids there"?

    If the former, you may have a case. If the latter, no. That merely requires you to grow a thicker skin and just go on about your business.

    Can a recorded conversation be used as proof in a slander case?
    Depends on the judge. With respect to recorded telephone conversations, New York only requires the consent of one party to the conversation. However, many judges will not admit recordings where the other party has not been informed that the call is being recorded.

    But again...it's all moot if you can not demonstrate that you have suffered actual financial damages as a direct result of her chatter.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can A Recorded Conversation Be Used For A Slander Case?

    How do you know she is doing all this - who told you? What is she exactly/actually saying - who told you? What damages have you suffered?

    Re the recording of conversations, N.Y. is a one-party consent state but as the other responder noted some judges may not see it that way.

    1. Sponsored Links
       

Similar Threads

  1. Slander: Do I Have a Case for Slander
    By inneed of legal help in forum Defamation, Slander And Libel
    Replies: 3
    Last Post: 03-02-2011, 11:51 AM
  2. Privacy: Recorded a Conversation at Work
    By wondering1 in forum Employment and Labor
    Replies: 2
    Last Post: 03-11-2009, 02:00 PM
  3. Slander: Is This A Case Of Slander?
    By Cinsug in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 04-01-2008, 02:38 PM
  4. Trials: Is A Recorded Phone Conversation Admissable As Evidence
    By jrf081579 in forum Criminal Procedure
    Replies: 8
    Last Post: 07-17-2007, 06:11 AM
  5. Slander: Do I have a case of slander?
    By COTTAGEGIRL in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 11-09-2006, 12:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources