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  1. #1
    Join Date
    Jan 2006
    Location
    NC
    Posts
    1

    Default Recording phone calls

    I know in the state of NC it's legal to record with one party consent. But what if I started a conversation with I being the consenting party but then allow my child to talk to the other party?

    Because this is a child does the law still apply? And the call started with the consenting party involved???? I have told my child I was recording but yet he is only 7....... Any IDEAS?

  2. #2
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    181

    Default

    If you are the legal custodian of the child at the time the calls are being recorded, then YOUR consent is all that is needed. It is not necessary to tell the child.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    In Michigan, the courts have stuck with a very narrow interpretation of the statutory language, and have not approved a parent's vicarious consent of tape recording of a minor child's telephone calls as creating an exception to the state eavesdropping law. See, e.g., Williams v Williams, 237 Mich. App. 426; 603 N.W.2d 114 (1998). (But you're not asking about Michigan....)

    North Carolina takes a less restrictive view of a parent's vicarious consent, as set forth in Kroh v Kroh, 152 N.C. App. 347;567 S.E.2d 760 (2002), observing that other jurisdictions permit vicarious consent:
    Quote Quoting Kroh v Kroh (emphasis added)
    As we find the reasoning of these cases persuasive, we adopt the vicarious consent doctrine with respect to our Electronic Surveillance Act, thereby permitting a custodial parent to vicariously consent to the recording of a minor child's conversations, as long as the parent:
    • has a good faith, objectively reasonable belief that the interception of [the] conversations is necessary for the best interests of the child
    • [.]

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